A Brief Guide to Brain Injury Lawsuits

According to the Centers for Disease Control and Prevention (CDC), 1.4 million people in America suffer a brain injury every year. Going by the numbers, these cases are way common than we imagine. Brain injuries can result from car accidents, sports activities, falls, physical violence, blows to the head, poisoning, exposure to toxic substances, stroke, infection, neurological illness, strangulation and so on. If you or someone close to you suffers from brain injury due to someone else’s negligence or intentional acts, you may be eligible for compensation under the law.

This article will give you insights into things you need to know about brain injury lawsuits and what you can do to get the most from the process.

What is a brain injury?

At its most basic, it’s the occurrence of an insult to the brain that leads to damage. Brain injuries vary depending on the part of the brain that’s affected and can be described as either acquired or traumatic based on the particular cause.

How does a brain injury affect your daily life?

As stated earlier, brain injuries are not similar, but irrespective of this, any damage could affect your mental well-being, and consequently, your entire life. Brain injuries result in cognitive deficiencies, prevent you from holding a job that’s intellectually demanding and may even need you to get the help of a social worker to fulfill specific tasks. Some injuries may affect your brain’s emotional system, causing you to be oversensitive and susceptible to emotional outbursts.

What are your legal options after suffering a brain injury?

This will depend on the circumstances that led to brain injury. Car accidents, slip, and fall accidents, intentional acts, and other causes often come under premises liability or personal injury umbrella, and sometimes, criminal action. Labor/birth-induced, toxic induced, and disease-induced brain injuries can be brought as medical malpractice lawsuits when the blame can be pinned on technicians, nurses, physicians or hospitals for being negligent.

Why should I file a lawsuit for my brain injury?

Some brain injuries can affect the quality of your life both emotionally and financially. If the injury happens due to someone else’s negligence, then filing an action against them will ensure that you get compensation for your diminished quality of life as well as other costs that you incur as a result of the injury. The best part about filing a lawsuit is that you will get compensation for the current and future expenses that arise from the injury, including lost wages.

What’s the statute of limitation around brain injury cases?

While it’s a good idea to file your case as soon as you can after the injury, you can still do so later on. Statutes of limitation vary from state to state, but you may rely on your state’s discovery rule – the countdown doesn’t commence until you know about or discover the injury.

Do I need a brain injury lawyer?

Yes, you do. Brain injury suits are based on negligence – a theory that requires the victim to prove that the defendant is legally liable for the injury. In addition to establishing liability, your lawyer will help you navigate through the process smoothly, and also free your time so you can focus on getting better.

Author: Robin Gupta