Brain injuries can have devastating and long-lasting effects on individuals and their families. When these injuries occur due to the negligence or wrongdoing of another party, pursuing a brain injury claim becomes necessary to seek compensation for the damages suffered. However, navigating the complexities of brain injury claims can be challenging.
This article aims to provide an in-depth understanding of brain injury claims, outlining the key aspects and challenges associated with them.
Types of Brain Injuries
By comprehending the different types of brain injuries, the legal considerations involved, and the role of expert witnesses, individuals can gain a better understanding of the complexities surrounding brain injury claims.
Traumatic Brain Injury (TBI)
Traumatic Brain Injury (TBI) refers to an injury to the brain caused by external force, resulting from incidents such as falls, car accidents, or sports-related accidents. TBIs can range from mild concussions to severe injuries causing long-term disabilities. Establishing the severity and impact of the injury is crucial in determining the compensation amount in a brain injury claim.
Acquired Brain Injury (ABI)
Acquired Brain Injury (ABI) occurs due to internal factors such as strokes, anoxia (oxygen deprivation), tumors, or infections. Unlike TBIs, ABIs are not caused by external forces. Proving the causation and extent of an ABI in a brain injury claim requires medical documentation and expert testimony.
Legal Considerations
Brain injury claims are complex legal cases that require a deep understanding of medical, legal, and financial aspects. Successfully pursuing such claims involves navigating the intricacies of establishing liability, proving damages, and presenting compelling evidences.
Liability and Negligence
To pursue a successful brain injury claim, the injured party (plaintiff) must establish that the other party (defendant) was liable for their injury. This involves proving negligence on the part of the defendant, which requires demonstrating the following elements:
- Duty of care: Showing that the defendant owed a duty of care towards the plaintiff.
- Breach of duty: Establishing that the defendant breached their duty of care through their actions or inactions.
- Causation: Demonstrating that the defendant’s breach of duty directly caused the plaintiff’s brain injury.
- Damages: Proving the existence and extent of damages suffered by the plaintiff.
Statute of Limitations
Brain injury claims, like other personal injury claims, are subject to a statute of limitations. This is the time limit within which a claim must be filed. Statutes of limitations vary by jurisdiction, so it is essential to consult with a legal professional promptly after sustaining a brain injury to ensure compliance with the applicable deadline.
Assessing Damages
There are two main types of damages that may be awarded for a brain injury claim:
Economic Damages
Economic damages in brain injury claims refer to the quantifiable financial losses resulting from the injury. This includes medical expenses, rehabilitation costs, lost wages, future medical care, and reduced earning capacity. Documenting and presenting evidence of economic damages is crucial to seek fair compensation.
Non-Economic Damages
Non-economic damages are more challenging to quantify, as they pertain to the intangible losses suffered by the injured party. These include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Presenting persuasive evidence to demonstrate the impact of these damages requires the expertise of experienced brain injury attorneys.
Expert Witnesses
Testimony from expert witnesses can greatly affect the success of a brain injury claim. Skilled brain injury lawyers will seek statements from:
Medical Experts
Medical experts play a vital role in brain injury claims. Their expertise helps establish the severity and causation of the injury, prognosis, and necessary medical treatments. Neurologists, neuropsychologists, and rehabilitation specialists are often called upon to provide expert testimony to strengthen the plaintiff’s case.
Vocational Experts
Vocational experts assess the impact of a brain injury on an individual’s ability to work and earn a living. They evaluate the person’s skills, education, work history, and limitations resulting from the injury. Their testimony helps determine the economic damages related to lost wages and reduced earning capacity.
Seeking the guidance of experienced brain injury attorneys can greatly enhance the chances of obtaining fair compensation for the damages suffered, helping individuals and their families rebuild their lives after a traumatic brain injury.
