Brain injuries are among the most traumatic type of injury a person can experience. Brain injuries not only affect the injured individual, but they have a significant impact on the injured individual’s family and loved ones. Usually, people who have suffered a TBI (Traumatic Brain Injury) will need medical care and high cost treatment for the rest of their life.
Damages to Consider
When determining to what extent you may be compensated for your brain injury, consider not just past and present medical treatment, but also consider future medical expenses, loss of earning capacity, lost wages, loss of enjoyment of life, and pain and suffering. These are all categories of “damages” that a jury can consider when awarding a plaintiff a sum of money. Frequently these types of lawsuits, if won, return a significant amount of money to the injured plaintiff. This is because the injured party often has medical bills that reach into the hundreds of thousands, if not millions of dollars; they are unable to care for themselves, resulting in a need for round-the-clock professional care; they are unable to perform in the workforce to the same extent they used to, if at all; and they need funds to facilitate a complete change of lifestyle.
Click here for more detailed information on calculating how much your personal injury claim is worth.
Complexity of Brain Injury Lawsuits
As you can imagine, brain injuries are extremely complex. It’s sometimes difficult even for medical doctors to determine the extent of one’s brain injuries. Therefore, it’s imperative in any brain injury lawsuit that expert medical doctors are hired to perform an in depth medical examination, extensive scientific testing, and to provide compelling expert testimony in order for the jury to realize the extent of the injury. Frequently, numerous experts are required to adequately prepare for trial, such as neurologists, psychiatrists, and experts that specialize in cognitive rehabilitation.
In complex injury cases such as these, Red Law consults with many other attorneys in order to provide the best service possible, at no extra charge or fee.
Typical Law Governing Brain Injuries
Negligent Medical Malpractice. If a brain injury results because a doctor failed in whole or in part to provide you with adequate care, the lawsuit should be based on negligence. For this kind of lawsuit, you must show that (1) the doctor failed to use the same degree of learning, care, and skill ordinarily used by other doctors who are in good standing and are practicing in the same field; and (2) the doctor’s failure caused your injuries.
Negligent Car Accident. If brain injuries are the result of a car accident, typically the plaintiff will sue the driver for negligence. In a negligence lawsuit, you must show that the driver failed to use reasonable care under the circumstances and as a result you suffered injuries.
If you’re contemplating a lawsuit for your injuries, click here to build a good understanding of what a personal injury case looks like, from start to finish.
Call Red Law For A Consultation
Our office welcomes new clients and will always provide you with a friendly and professional attorney that will be happy to discuss your case with you. If you’d like to discuss your brain injuries or the brain injuries of a loved one and a potential lawsuit with a Red Law attorney, please call us at 801-4770-RED or email us at firstname.lastname@example.org. In a consultation with a Red Law attorney, your attorney will provide you with a professional opinion of your case, how Red Law can help you, and a rough time frame for your potential lawsuit.