Brain injuries range from mild concussions to severe brain injuries resulting in substantial memory loss, behavioral changes, cognitive impairments, and disorders of consciousness (coma, vegetative state). When an individual or their child has sustained a brain injury, medical costs, and quality of life issues will endure. Therefore, the legal justice system has established specific legal rights and remedies to help brain injury victims recover just monetary compensation from those who acted negligently.
If you or a loved one are considering bringing a brain injury lawsuit against the at-fault, there are many things to consider and understand brain injury cases. Brain injury lawsuits are complex, and medical treatment for these injuries are long term and expensive. Here are five things you should understand about brain injury lawsuits:
- There Are Two Classes of Brain Injuries – Traumatic Brain Injuries and Non-Traumatic Brain Injuries. Traumatic Brain Injuries are caused by an external force, such as a blow to the head. Traumatic Brain Injuries come in two classes penetrating and non-penetrating injuries. Non-Traumatic Brain Injuries are caused by internal injuries such as pressure from a tumor or a lack of oxygen to the brain.
- How the Brain Injury Occurred Affects the Type of Brain Injury Lawsuit That Should Be Filed – For example, if the brain injury was caused in an auto accident, a personal injury lawsuit would be filed against the at-fault driver. However, if the brain injury was caused while you or a loved one was being treated at a hospital, a medical negligence lawsuit would be filed. This is important because each type of lawsuit has a different set of time limits and follows different rules.
- Civil Trial Often Use Experts – If a lawsuit goes to trial, each side will call various types of expert witnesses to substantiate certain facts of the case. An expert might testify to the severity of the accident forces and how those forces caused the injury. An economist might be needed to testify about the life-long costs of treating a brain injury.
- Lawsuits Are Intended to Make the Victim Whole Again – Brain injuries affect the victim’s life permanently. By filing a brain injury lawsuit, the outcome of that case could help the victim receive the money they need to receive proper medical care, therapy, and home medical equipment to live a better quality of life.
- There Are Time Deadlines to File a Lawsuit – Every state has a set of laws that limit the amount of time a personal injury victim can bring a lawsuit. Once this deadline has passed, a brain injury victim would be prohibited from ever filing a claim or lawsuit to recover compensation.
If you or a loved one sustained a brain injury, you could be qualified to file a lawsuit to recover monetary compensation for damages.
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Parker Waichman LLP helps brain injury victims receive full monetary compensation. Trust your case with our brain injury attorneys. For a free consultation, contact our law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).
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