How Can You Prove Fault in a Brain Injury Lawsuit?

Your mind is who you are. It controls everything you do, everything you think, everything that makes you uniquely you. 

So what happens when your mind is damaged through no fault of your own? When an accident, assault, or negligence causes traumatic changes to the very organ that defines your humanity? You may find yourself struggling with abilities you once took for granted. Memories may fade. Emotions may fluctuate wildly. Simple tasks become exhausting challenges.

In those dark days dealing with recovery, it’s natural to ask: who is responsible for upending the life I once knew? While no lawsuit can undo the injuries, seeking legal justice through a brain injury lawsuit may help gain compensation for lost wages and mounting medical bills. The round-the-clock care often needed in rebuilding a life diminished by damages to gray matter and circuitry can also be addressed.. 

This article explores how to prove fault and obtain fair remediation when carelessness or wrongdoing disrupts the intricate beauty of who you are from within.

Causes and Types of Traumatic Brain Injury

Traumatic brain injury (TBI) can result from physical trauma, such as blows or penetrations to the head. In the United States, approximately 1.7 million people sustain a TBI each year, with adolescents and older adults being at higher risk. 

Initially, mild TBI or concussions were thought to be harmless. However, they have gained more attention due to potential long-term neurological effects observed in athletes and military personnel. Common causes of TBI include falls, vehicle accidents, firearm injuries, and assaults.

There are two kinds of TBIs, namely penetrating and non-penetrating. A penetrating traumatic brain injury (TBI) is when an object pierces the skull and causes brain tissue damage. Examples are injuries from bullets, shrapnel, or knives. 

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A non-penetrating or “closed” TBI happens when the brain is jarred or shaken inside the skull without breaking through. Common causes are vehicle or sporting accidents, falls, or explosions.

TBIs are also grouped as mild, moderate, or severe based on symptoms. Mild TBI or concussions account for over 75% of cases. 

While initially appearing minor, they can still cause ongoing issues impacting daily life and work. Moderate and severe TBIs often result in significant long-term health problems. In summary, while taking many forms, all types of TBI deserve attention due to potential neurological consequences.

Proving Fault in a Brain Injury Lawsuit

There are a few main ways to prove a brain injury lawsuit, depending on the cause of the injury. Negligence is often the legal theory pursued, and some common examples include car accidents, truck accidents, and slip and fall cases. If a defect like a faulty airbag caused the brain injury, it could also allow for a product liability claim against the manufacturer.

While the specific legal approach may vary based on the circumstances, all brain injury cases are unique. Speaking with a personal injury attorney can help determine the strongest legal option. For instance, they may advise pursuing a medical malpractice claim if medical negligence leads to injury.

According to Keith Law Group, a successful brain injury lawsuit could potentially yield a settlement or damages award of $100,000 or higher. This outcome depends on the severity and nature of the injury and the costs incurred. Permanent brain damage could increase the compensation amount to over $500,000 in the most serious cases. 

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A successful example is a case where a former Marine was awarded $2.5 million after suffering brain damage due to a doctor’s error in Little Rock, Arkansas. The 66-year-old man and his wife were represented by a skilled personal injury lawyer. 

After a bench trial, the judge also granted the wife additional damages for loss of consortium. By seeking legal counsel, the victims obtained compensation for their injuries and held the responsible parties accountable. 

For anyone who has sustained a traumatic brain injury, consulting with a local brain injury lawyer proved helpful. In this case, a skilled Little Rock personal injury lawyer was instrumental in evaluating potential avenues for recovery. 

The Components of a Brain Injury Negligence Claim

In a negligence claim for traumatic brain injuries, the injured person or their brain injury attorney must prove four key elements: duty, breach, causation, and damages.

The legal requirement for one party to act reasonably towards another is referred to as a duty. The standard of care depends on factors like the parties’ identities and relationships.

When someone acts in an unreasonable manner, they violate the duty of care. The plaintiff must demonstrate that the defendant’s careless actions constituted a duty breach.

Causation has two components – actual and proximate cause. The true cause is the plaintiff’s injuries as a direct result of the defendant’s unreasonable conduct. The harm must have been a reasonably foreseeable consequence of the violation in order for there to be a proximate cause.

Damages relate to harm incurred by the plaintiff that the legal system can remedy. In traumatic brain injury cases, damages would include any physical injuries to the brain as well as financial impacts like medical costs. Compensation may also cover pain and suffering.

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By addressing each element through evidence like medical records, incident reports, and expert testimony, an injured person can build a case where the defendant’s negligence legally caused brain injuries. With success on all elements, the plaintiff may obtain a damages award.

FAQs

1. Can a CT scan detect TBI?

A: Indeed, a computed tomography (CT) scan is capable of identifying traumatic brain injury (TBI). CT scans are widely regarded as the primary imaging method for TBI and are commonly the initial diagnostic procedure conducted in an emergency room setting when TBI is suspected.

2. Is it possible to fully recover from TBI?

A: Achieving a complete and functional recovery from TBI is often feasible, albeit it may require several years of dedicated effort. However, proactive engagement is essential for making significant progress. Without consistent effort, the recovery process may stagnate or even regress.

3. Can an EEG identify TBI?

A: An EEG can aid in identifying the early indicators of TBI. This non-invasive and relatively swift test serves as a crucial diagnostic tool due to its ability to detect subtle brain abnormalities.

While no outcome can undo brain damage, pursuing legal recourse offers a path toward accountability and assistance. 

For those suffering loss of independence and identity through injuries beyond their control, finding justice may help obtain care and support healing. It also allows for rebuilding lives diminished by the negligent or reckless acts of others. Through determined advocacy, light can enter where once was darkness.