Persons who sustain a significant brain injury often suffer from debilitating, life-altering effects for months, years, or indefinitely. If their injury was the result of an accident caused by another party’s carelessness or misconduct, they deserve compensation to help them recover the best they can so they can concentrate on putting their life back together again.
Our Rehoboth brain injury lawyers are dedicated to helping victims by seeking restitution and justice on their behalf. If you have suffered a brain injury due to another party’s negligence, please call GED Lawyers today to schedule a free, no-obligation confidential consultation.
How Our Rehoboth Brain Injury Lawyers Prove Liability
Certain elements are needed to prove negligence in a brain injury claim. To recover compensation for a traumatic brain injury, you must establish the following four elements in your case:
The Defendant Owed You a Duty of Care
A duty of care is a legal requirement that a party exercises the same amount of awareness, caution, and prudence that another reasonable party would in the same circumstances. If the party’s actions or omissions do not meet this standard of care, they would be considered negligent.
The Defendant Violated their Duty of Care
If you are a brain injury victim seeking legal compensation, you must also show that the allegedly liable party breached the duty of care or reasonable consideration for safety you were owed. A breach can involve any activity considered careless, reckless, or deliberate.
The Defendant’s Breach of Duty Caused Your Brain Injury
To prove a defendant is liable for your injuries, you must establish a direct link between the defendant’s actions and your accident and injuries.
You Incurred Losses
The final step in establishing negligence and liability in a brain injury case is proving you incurred financial and personal losses due to the accident and your injuries. For example, you could pursue a claim for damages, such as medical bills, lost wages, pain and suffering, disability, loss of companionship, loss of quality of life, and more.
Potential Liable Parties and Recoverable Damages for a Brain Injury
As to who may be liable for a brain injury, several possibilities exist depending on the facts in your case, including the following:
- Another driver in a motor vehicle accident
- A nurse, doctor, or medical facility for medical malpractice
- A property owner for an unsafe condition on their premises
- A manufacturer for a defective sporting or automotive product
- A construction company, another worker, site manager, contractor, subcontractor, or equipment manufacturer for a construction accident
Depending on your brain injury’s severity, the liable party may be responsible for paying for your medical bills, past or future lost wages, pain and suffering, disability, and loss of quality of life. Medical expenses may include long-term treatment administered by professionals with different specializations, including neuropsychologists and physical and speech therapists.
Regardless of who was responsible for your injuries or what losses you’ve incurred, our Rehoboth brain injury attorneys can guide you toward the best legal course of action to recover damages for your many losses.
Types of Traumatic Brain Injuries
Traumatic brain injuries (TBIs) can occur due to a sudden blow or jolt to the head or body or when an object penetrates the skull and enters the brain. These are referred to as closed and open TBIs, respectively.
A concussion is a mild, closed TBI and can occur when a person experiences an impact, bump, or blow to the head, such as during a sporting event. This injury requires immediate medical attention, but a person who suffers a single concussion usually only requires rest and is expected to recover fully.
Some TBIs are much more severe and involve a prolonged period of unconsciousness and disruption to normal brain functioning. TBI symptoms can include the following:
- Loss of consciousness
- Blurry vision or photophobia
- Dizziness and balance impairments
- Coma or semi-comatose state
- Paralysis and difficulty moving bodily parts
- Slow pulse and respiration
- Increased blood pressure
- Cerebral spinal fluid leakage
- Nausea and vomiting
- Problems with memory, judgment, and attention
- Loss of bladder or bowel control
- Body tingling or numbness
Causes of Brain Injury
Severe brain injuries can result from a wide range of unpredictable events and everyday activities, including the following:
Despite increasing awareness of the hazards of careless and preoccupied driving, motor vehicle accidents remain a leading cause of brain injuries, estimated at an annual number of 292,202. The sudden impact of another vehicle can damage the brain when the head slams against an object during a collision.
Slip and Fall Accidents
Brain injuries can occur when a person falls and hits their head on the ground or another hard surface. These accidents can happen to anyone, although the elderly are particularly susceptible. While most falls are not severe enough to cause a brain injury, even a relatively minor fall can be dangerous if the person hits their head in a way that causes damage.
Construction accidents are a leading cause of brain injuries in the workplace. According to the Centers for Disease Control and Prevention (CDC), the construction industry has the most TBIs among all U.S. workplaces. Some of the most common causes include falls from heights, being struck in the head by objects, and being hit by a moving vehicle.
Sports and Recreation Accidents
Sports and recreation accidents are a leading cause of brain injuries among young athletes. According to the CDC, between 2010-2016, 283,000 children suffered brain injuries yearly from sports and recreation-related activities requiring emergency care. While football was the leading cause of sports-related brain injuries among males, trauma to the brain can occur in any sport or recreational activity.
Brain injuries are among the most tragic results of medical malpractice, the effects of which can include severe damage resulting in a vegetative state, coma, or death. Additionally, the psychological impact is often agonizing for those who survive and remain conscious.
Of note, brain damage caused by medical malpractice is more often caused by an oxygen deficit (hypoxia) rather than a blow, jolt, or penetrating object.
Assault and battery, shootings, and nursing home abuse are a few cases in which violence can result in brain injuries. While the primary goal is seeking criminal punishment against these individuals, in some cases, victims choose to seek financial retribution from the offender for their losses.
Act now to secure your legal rights as there may be time limits for different types of injuries. The state’s statute of limitations puts a limit on how much time you have to pursue legal action. If time runs out it will be more difficult to file a case. Our lawyers will be able to help you determine where you are at on the timeline for your incident.
Consult With a Rehoboth Brain Injury Lawyer
If you have suffered a brain injury, you might need the assistance of legal counsel to help you file a personal injury claim. Our team of Rehoboth brain injury attorneys can review your case’s unique circumstances and work with you to file a lawsuit intended to prove you deserve restitution for the many injury-related losses you’ve sustained.
To learn more about how we can secure the compensation you need to recover from your brain injury, contact GED Lawyers today to schedule a complimentary consultation.