Brain injury lawsuits depend on many factors

September 10, 2016

There is no type of brain injury that is not serious.  As the primary organ that governs every action in your life, when a brain injury occurs, it will disrupt every aspect of everyday work.

Brain injuries can be temporary or they can be permanent, up to and including death.  They can occur in two primary ways – traumatic brain injuries and acquired brain injuries.  Traumatic brain injuries include “impact” injuries such as from a car accident or when an object pierces the skull and enters the brain.  Concussions of all kinds fall into this category.  Acquired brain injuries are caused when the brain does not get enough oxygen.  They include anoxia and hypoxic brain injury.

Because brain injuries are unique in how they happen and to what degree they impact a person, filing a legal claim to affix blame can be highly complicated.  Certain standards of liability will apply in a car accident or a slip and fall case and they will be different from a baby that was oxygen deprived in the womb.

Where permanent damage is part of the equation, settlement awards can be substantial because the victim will require life-long or long-term care that is well beyond the means of most families.  If you are an adult who suffers a brain injury, you can also seek to recover damages for current and future lost wages to the extent of your earning power which may now be limited.

For any brain injury suit, a lawyer must be able to prove there was negligence,and it directly resulted in the injury.  To prove negligence, an attorney must prove that someone owed the victim a legal duty of reasonable care and that they failed in that duty, resulting in harm being done.

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