Brain Injury

Brain injury is one of the major causes of death and disability and is be caused by trauma to the head including vehicle accidents, falls, medical malpractice or crime.

If not immediately fatal, brain injury can also cause significant physical, cognitive, emotional and behavioral changes in people.

Traumatic brain injuries are classified by severity, the mechanism of injury and whether it is focused on one part of the brain or widespread and by how long the patient has been unconscious. Victims of brain injury will likely need physical therapy, speech therapy, recreation therapy and occupational therapy to aid their rehabilitation.

The complicated causes, diagnosis, effects and treatment of brain injury make it one of the most difficult damages claims to pursue.

Firstly you have to realize that if you, a dependant or a loved one sustained a brain injury through the negligence of another person, you can claim compensation.  It will be a good plan to involve a specialized attorney from the start and to document everything about the incident that caused the brain injury including pictures of the scene, possible police and doctors’ reports. Also keep a record of eyewitnesses and their contact numbers. This can be crucial when pursuing a claim arising from brain injury as the victim might also suffer a degree of amnesia and lawyers will have to rely on the testimony of other witnesses to establish what had happened.

To prove the negligence of another person, your attorney will have to convince the court that they were responsible for causing the injury either through their own action (like speeding) or inaction (like failing to clean up a dangerous spill that caused a fall). You will also have to prove that there is a direct link to the incident and your brain injury.

Once negligence has been proven, you will be able to claim damages. Compensation cases of brain injury will typically include past and future medical expenses, loss of present and future earnings and pain and suffering.  An expert brain injury attorney will also point out that victims will need a life care plan that will include services like rehabilitation and caretakers in addition to future medical costs. The family members who take care of a brain injured person are also entitled to be compensated for their time. Even if the victim of a brain injury did not suffer significant pain they can claim for loss of enjoyment of life as a consequence of their injury.

Victims of brain injury will typically suffer fatigue, a loss of inhibition, poor anger control and the inability to learn and adapt, which can have an impact on their ability to earn a living. Researchers have also found that victims of traumatic brain injury are likely to have shorter working careers. This must be taken into account when calculating loss of future earnings.

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