Brain Injury Lawsuit

Brain injuries are caused by physical trauma, such as a bump, penetration, blow or shake from major accidents. It can disrupt the brain’s normal functioning and prevent an individual from performing regular work. Often, brain injuries lead to long-term or permanent physical or mental impairment.

If you or a loved one has suffered a brain injury due to someone else’s negligence or intentional conduct, you may be entitled to compensation. Brain injury victims can file a lawsuit against the parties that are legally liable for the injury, such as drivers, vehicle owners, premises owners, product manufacturers, contractors, etc.

Legal Basis of Your Case

Understanding the legal theory on which your case is based will dictate what you need to prove in order to win the brain injury lawsuit. Brain injury claims may proceed under negligence and product liability legal theories.

Negligence:

In a negligence claim, a plaintiff must prove that the party (defendant) they are suing is liable for the injury. In order to file a successful claim, the plaintiff must prove the following:

·         The defendant is required by law to be reasonably careful i.e. the defendant owed you a “duty of care.”

·         The defendant failed to act with reasonable care.

·         The defendant’s action (or inaction) was the cause of your injuries.

·         You suffered injuries and/or losses that are measurable under the law.

·         The head injuries were not pre-existing.

Product liability

If the use of a defective or dangerous product caused your brain injury, you can pursue a claim under a product liability legal theory. You can sue the manufacturers of the product, retailers, distributors or other liable parties.

Monetary Damages for Brain Injuries

Monetary damages awarded in a brain injury lawsuit depend on the extent or severity of the injury. Plaintiffs may receive two basic types of damages: special damages, and general damages.

Special damages include present and future medical expenses, lost income, lost earning capacity due to the injury, long-term treatment/rehabilitation expenses, and property damages.

General damages include pain and suffering, shock and mental anguish, emotional distress, loss of reputation, and loss of companionship and society.