Everything You Need to Know About Brain Injury Legal Cases

Traumatic brain injuries are more common than most people realize and they are often more severe than originally believed. What at first appears to be a simple jostle to the head can lead to physical disability, emotional disruption, social impairment, or even death. For those who suffer a brain injury due to someone else’s wrongful actions, the law recognizes the right to be “made whole” through a personal injury lawsuit.

Understanding traumatic brain injuries
A traumatic brain injury, or TBI, is a type of acquired brain injury that can occur from a blow to or penetration of the head. This sounds very serious, and it is. But even the all-too-common concussion is a type of TBI.

According to the CDC, most of the TBIs that occur are concussions. Still, brain injuries are responsible for 30% of the injury-related deaths each year. Some common causes include:

  • Auto accidents
  • Falls
  • Workplace injuries
  • Sports injuries
  • Beatings

Who may file a brain injury lawsuit?
In many cases, a brain injury would be preventable if others had been careful. It is in those situations that the victim may be able to file a brain injury lawsuit. The legal term for those whose carelessness causes someone else’s injury or damages is “negligence.”

In order to succeed in a brain injury case, the plaintiff needs to be able to establish that the defendant was negligent – that he or she breached a duty and that the breach was a logically-related cause of the injury. Depending on the facts of the case, this may mean showing that a driver violated a traffic law, that a doctor committed malpractice, that someone broke the law by committing a battery, or that someone else committed one of countless other wrongful acts. One of the first things a personal injury lawyer does is look at the case to determine who was negligent.

Proving liability for a brain injury with expert testimony
The plaintiff faces a substantial burden when it comes to proving the other party’s negligence. In a brain injury case, the subject matter will fall outside the everyday experience of jurors so it is necessary to work with expert witnesses in order to meet this burden.

Experts may be used to show how the injury happened, how severe the impairment is, what kind of recovery may be expected in the future, how the financial losses are calculated, or other key elements relevant to the case.

Outcome of brain injury cases
No two brain injury legal cases are the same but the compensation recovered can often provide much-needed financial stability. A settlement or verdict may include amounts for physical impairment, emotional and physical pain and suffering, lost wages, future medical treatment, and in the most severe cases, funeral expenses and wrongful death benefits. An experienced brain injury lawyer is the best person to talk to about potential outcome of a TBI case.