When we think of personal injury cases, we often think of broken bones, sprains, and bruises. But what about brain injuries? Brain injuries are among the most serious injuries one can sustain, and they can have long-lasting effects on a person’s life. If you or a loved one has suffered a brain injury in an accident caused by someone else’s negligence, you may be wondering if you can recover damages for your injury. The answer is yes, but there are some important things you should know.
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Understanding Brain Injuries
First, let’s talk a bit about what a brain injury is. A brain injury can occur when the brain is jolted or shaken, causing it to impact the skull. This impact can cause damage to the brain tissue, resulting in cognitive and physical impairments. Brain injuries can range in severity from mild concussions to severe traumatic brain injuries (TBIs) that require lifelong care.
Establishing Negligence
If you want to recover damages for a brain injury in a personal injury case, you will need to establish that someone else’s negligence caused your injury. This means showing that the person or entity responsible for your injury had a duty of care to you, breached that duty, and that breach caused your injury.
For example, if you were involved in a car accident, you would need to show that the other driver was negligent in some way, such as running a red light or texting while driving, and that their negligence caused the accident and your brain injury.
Types Of Damages You Can Recover
Assuming you can establish negligence, you may be wondering what types of damages you can recover in a personal injury case for a brain injury. The answer depends on the specifics of your case, but some common types of damages include:
Medical Expenses
This includes all medical expenses related to your brain injury, such as hospital bills, doctor visits, medications, and any necessary medical equipment.
Lost Wages
If your brain injury has caused you to miss work or prevented you from working altogether, you may be able to recover damages for lost wages. This includes both past and future lost wages.
Pain and Suffering
Brain injuries can cause significant pain and suffering, both physical and emotional. In a personal injury case, you may be able to recover damages for this pain and suffering.
Future Expenses
If your brain injury has resulted in long-term or permanent impairments, you may be able to recover damages for future expenses related to your injury. This includes ongoing medical care, rehabilitation, and assisted living expenses, among others.
Working With An Experienced Attorney
If you are considering pursuing a personal injury case for a brain injury, it is important to work with an experienced attorney who understands the complexities of these types of cases. Your attorney can help you gather evidence, establish negligence, and negotiate a fair settlement or represent you in court.
Overall, if you or a loved one has suffered a brain injury in an accident caused by someone else’s negligence, it is possible to recover damages for your injury. With the right legal representation, you can seek the compensation you deserve and move forward with your life.