Accidents and Brain Injury: What to Consider Legally
Brain injuries affect millions of victims across the United States each year, both physically and financially. They can rob victims of their senses, abilities, and quality of life. They can take away a victim’s ability to earn income. Lastly, they can saddle families with millions of dollars in medical debt.
If you have experienced brain damage and think you have the right to sue, you may want to consider enlisting the help of brain injury lawyers in Frisco, Texas; the process can be long and challenging, but the right attorneys will guide you through it.
Types of Brain Injuries: Phrases to Know
The first thing to know is that litigation only applies in the case of an acquired brain injury (ABI). In a lawsuit, you must be able to demonstrate that you had full use of a section of your brain, were injured in some way, and lost that functionality as a result of the injury.
Generally, lawsuits apply to traumatic brain injuries (TBI), or craniocerebral trauma. These are usually caused by violent blows or shaking to the head, require extensive medical treatment and imaging, and may result in loss of function.
Commonly Acquired Brain Injuries
The most common form of ABI is a concussion, which merely occurs when outside trauma is strong enough to alter the brain’s function for at least a short period of time. For example, a brief loss of consciousness after a blow to the head will often point to a concussion.
Hematomas are another common cause of lawsuits; most often, a hematoma happens when outside trauma causes a blood vessel to break. The internal bleeding essentially causes a blood clot, which in turn can cause lasting brain damage.
More traumatic brain injuries that may result in litigation are head contusions (resulting in a bruise to the brain), coup-contrecoups (a blow forceful enough to cuse a contusion on both sides of the head), diffuse axonal, and others.
Acquired brain injuries that don’t fall under the “traumatic” category happen in the case of oxygen deprivation, chemical exposure, and more:
- Anoxia: Complete oxygen deprivation of the brain
- Hypoxic: Similar to anoxia, but the brain receives only insufficient oxygen for a period of time.
Legal Considerations: Was your Injury Caused by Negligence?
In order to receive a favorable settlement, you will have to prove that your injury was caused by negligence. Examples of negligence include:
- Chemicals, such as carbon monoxide, that were present in your place of work.
- Machinery in your warehouse or office malfunctioned while safety certificate was out of date.
- A car accident caused by negligence that results in catastrophic injury
- Violent assault
- Medical malpractice
It’s important to note that proving negligence can be extremely difficult. To give yourself a decent chance in a lawsuit, you need to carefully document symptoms and changes as early as possible, and you also need to loop your doctor in right away.
There will also be an element of time involved; you will need medical evidence that your symptoms likely resulted from the insult or accident.
In short, if you’ve experience a traumatic or acquired brain injury as a result of negligence, get in touch with both a doctor and trusted lawyer right away. Mountains of medical and legal are evidence needed to litigate successfully, and we can help.