When someone sustains a traumatic brain injury (TBI), it can have a profound impact on their life. These types of injuries can cause long-term disabilities and impair the victim’s ability to work and carry out everyday tasks. If an individual sustains a TBI due to the negligence of another party, they may be able to pursue a legal claim against the at-fault party for compensation.
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Understanding Brain Injuries
Before delving into brain injury claims, it’s important to understand what TBIs are. TBIs can occur in many different ways, but they all involve some type of violent blow or jolt to the head. This can happen if someone falls, is involved in a car accident, or is hit by an object. When the head suffers a forceful impact, the brain can be damaged.
There are varying degrees of TBI severity. Some may cause minimal harm, while others can lead to permanent damage or death. Symptoms can be immediate or can develop over time. Common symptoms of TBIs include:
- Headaches
- Memory loss
- Trouble concentrating
- Dizziness
- Fatigue
- Vision problems
- Nausea or vomiting
Establishing Liability for Brain Injuries
When someone sustains a TBI due to someone else’s negligence, they may be able to file a personal injury claim. To receive compensation, the victim must demonstrate that:
- The at-fault party had a legal duty to act responsibly and safely (e.g. drivers have a duty to follow traffic laws and avoid causing accidents).
- The at-fault party breached their legal duty (e.g. by driving drunk or running a red light).
- The breach of duty caused the TBI (e.g. the car accident caused the victim’s head to strike the steering wheel and sustain a brain injury).
- The victim suffered damages (e.g. medical bills, lost wages, pain and suffering, and more).
Types of Negligent Parties
There are many different parties that can be held responsible for causing a TBI. Some common negligent parties include:
Motor Vehicle Drivers
Drivers are often responsible for causing TBIs due to car accidents. When drivers are careless, reckless, or intoxicated, they put other drivers and passengers at risk of serious harm.
Property Owners
Property owners have a legal obligation to ensure that their premises are safe for visitors. If a property owner fails to address known safety hazards on their property, they may be held liable for injuries that occur as a result.
Manufacturers
In some cases, TBIs may be caused by a product defect. If a product is designed or manufactured in a way that makes it unsafe for consumers, the manufacturer may be held liable for injuries that result.
Medical Professionals
Medical professionals have a duty to provide competent medical care to their patients. If a doctor or other medical professional makes a mistake that leads to a TBI, they may be held liable for damages.
Damages Available in Brain Injury Claims
If a victim can establish liability for their TBI, they may be eligible to receive compensation for the damages they have suffered. Damages may include:
- Medical bills (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Property damage
- Punitive damages (in cases of gross negligence or intentional harm)
Contact a Brain Injury Lawyer
If you or a loved one has suffered a TBI due to someone else’s negligence, it’s important to seek legal help as soon as possible. A brain injury lawyer can help you navigate the legal process and fight for the compensation you deserve. They can also ensure that you receive appropriate medical treatment and care to maximize your chances of recovery.