A traumatic brain injury is a brain injury in most cases caused by external head trauma, lack of oxygen, or violent movement. Traumatic brain injuries are often caused in motor accidents, medical malpractice, construction accidents, falls from heights, slip and fall accidents, workplace injuries and so on.
In most cases, brain injury lawsuits are based on negligence, which requires the plaintiff to prove that the defendant is at fault for their injury.
Winning a legal action based on negligence, you have to show that the defendant was not careful. Also, you have to prove that the defendant did not act with reasonable care towards you and that their action or inaction led to your injuries. You have to prove that your injuries or damages are measurable under the law.
Proving brain injury and proving the injury was caused by the defendant’s action (the defendant failed to stop at the stop sign and stroke you, for e.g.) requires gathering as much evidence as possible. You will have to show your medical records, photos of the accident, and anything that could help you prove your case. You should contact our Boston personal injury lawyers today.
How do I know if I have a traumatic brain injury?
If you had a recent traumatic brain injury, you could have various symptoms; they may not begin after the traumatic event. You may experience headaches, loss of balance, memory loss, sleep issues, loss of consciousness, blurred vision, dizziness, nausea or vomiting, fatigue, mood changes, and sensitivity to light or sound. Traumatic brain injuries can affect a person’s mental, physical, and social function (permanently or temporarily).
I have suffered a traumatic brain injury in an accident; what do I do?
You have a right to claim compensation. Traumatic brain injuries may affect your health forever and not only yours, but your family’s lives as well. This means you can face long and expensive medical care, recovery, loss of work, change of the quality of your life. In cases like this you (or your family member) should seek legal help as soon as possible. Massachusetts’ statute of limitations for personal injuries lasts three years.
It does not matter how old you are; you can sue if you suffered a traumatic brain injury caused by another party.
No matter if you were partially responsible for the accident, or if there are several parties responsible for the accident, you can still file a lawsuit and seek your claim.
If the victim is underage, their parents or legal guardians can file the lawsuit; also, the spouse of the injured plaintiff can file a lawsuit for loss of consortium damages.
Who can I sue for traumatic brain injury?
You can file a lawsuit against anyone whose wrongful behavior led to causing you the traumatic brain injury. These injuries can be caused by various situations, such as motor accidents. In that case, you can file a lawsuit against the driver (truck driver, car driver, bus driver, motorcyclist, taxi driver, and even bicyclists). Also, you can file a lawsuit against the company that produced the vehicle. Besides that, you can file a lawsuit against the repair shop that repaired the vehicle (if it was recently damaged). The plaintiff can file a lawsuit against the manufacturer of the vehicles or any other product that caused the injury.
Public and private owners of businesses, homes, roadways, stores, and so on, can also be sued for brain injuries.
You can also file a lawsuit against your employer (company’s insurance company) if you got the traumatic brain injury at your workplace.
If you have recently been injured in an accident that caused you traumatic brain injury and it affected your life, you have the right to file a lawsuit. The more severe the brain injury, the bigger the chances are to collect a higher claim. The damages will help you cover the expenses for your medical bills (medical supplies, doctor’s bills, rehabilitation costs, and any other costs related to your injury). The claim will cover your lost wages (you will lose wages in case your brain injury prevents you from attending to work). It can also cover your pain and suffering, lost earning power, as well as the fees for your attorney, court fees, and punitive damages.
Our lawyers are here to help you file a claim against the insurance company of the liable party. We will be by your side until you get your deserved claim.
Call our office today and schedule your first consultation.