Before filing brain injury lawsuits, there are several things that you need to be aware of.
Every year in the United States, up to 1.4 million people suffer a brain injury. These are just estimates from CDC meaning there could be several other unreported cases. Brain injuries can result from sport activities to car accidents. If you have been involved in an accident and you have suffered brain damage, you may be entitled to compensation. Here you will learn all about filing brain injury lawsuits.
The Basics Of Brain Injuries
Terms such as “traumatic brain injury”, “head trauma”, “brain injury” and “head injury” can be used interchangeably. These terms usually refer to some kind of blow, bump, penetration or shake that disrupts normal brain function.
Brain injuries can be severe or minor and you don’t have to be involved in an accident for this to happen. Brain injuries can result from assaults, workplace accidents, cycling, slips and falls or contact sports.
The most common type of brain injury is known as a concussion. A concussion is usually associated with contact sports and the damage could be permanent. It’s estimated that 30% of football players are likely to have a concussion every season.
Acquired brain damage is another form of brain injury. Usually, this type of injury is not caused by some sort of physical trauma but it is usually as a result of internal causes. For instance, a near drowning accident can deprive the brain cells of oxygen leading to a disruption in the brain function.
Closed head injuries are not obvious but damage to the brain can be significant. An example of a closed head injury is a whiplash. Although damage to the head is not noticeable, the brain could be damaged.
Legal Basics Of Brain Injury Lawsuits
Brain injury lawsuits are based on legal theories and it is important that you understand which one your case will be based on. Understanding the legal basics of your case will also help you build a strong case by gathering all the necessary evidence.
Most brain injury lawsuits are based on the negligence theory. In this case, you will be required to produce enough evidence to show that someone else’s carelessness was the cause of your brain injury. You must show:
- You suffered losses or injuries measurable under the law
- Another person’s actions or inactions was the cause of your injury
- The accused failed to act within reasonable care towards you.
- The law required the accused to be reasonably careful.
Proving that your brain injury was as a result of someone else’s actions or inactions is not as straight forward as many people would like to believe. Brain injuries are often difficult to detect as compared to other types of injuries. It is therefore very important that you gather as much evidence as you can regarding your brain injury and the accident because this will help you build a solid case.
An Example Of Negligence
Mr. Smith is driving when another driver rams into his car. The other driver’s blood alcohol level is twice the legal limit. The impact of the accident causes Mr. Smith’s body to be propelled into the windshield of his car resulting in a severe head injury. Following his accident, he suffers debilitating headaches and his cognitive function is permanently affected. Since the other driver’s negligent driving is what caused the accident that led to his injuries, Mr. Smith can file a brain injury lawsuit against him.
An Example Of Product Liability
Mr. Smith can also argue that if his airbag had functioned properly, he wouldn’t have suffered his injuries. So in addition to suing the other negligent driver for compensation, he can also sue the car maker, the airbag manufacturer and any other person involved in manufacturing the distribution of the airbag.
Hiring A Brain Injury Attorney
If you have suffered traumatic brain injury in Cape Cod, Massachusetts or Rhode Island, you should contact a Cape Cod, Ma, or RI brain injury attorney as soon as possible.
Our brain injury attorneys can visit you at the hospital, in your home or in any of our offices. Our primary concern is your health and well being and we prefer to get paid only when you are paid.
Call us today at (800)-200-7752 or fill out our contact form for a free initial consultation.