The Harding Law Firm News

What You Need to Know About Traumatic Brain Injuries and Lawsuits

Harding Law Firm - Tuesday, August 11, 2015

—Advice from a Traumatic Brain Injury Attorney

Each day in the United States, it is estimated that 138 people die due to a traumatic brain injury (TBI), according to the Centers for Disease Control and Prevention. Individuals that survive a TBI often have long-term disabilities and complications that can affect them for the rest of their lives. From impaired memory to physical function, a TBI is a serious injury. If you or a loved one has suffered a TBI, it is important to understand the facts regarding this type of injury as well as how to proceed with a lawsuit. It is best that you consult a personal injury lawyer and assess your injury case.

What is a TBI?

TBI is a dysfunction of the brain that is caused by an outside force. It can be mild or severe and in some cases, even life threatening. TBIs can occur in car accidents, slip and fall accidents and even be the result of an assault. Often the symptoms of TBI are misdiagnosed for other conditions, which results in a delayed diagnosis and treatment.

Negligence and Traumatic Brain Injury Claims

Personal injury claims must be based on a legal theory. The most common legal theory used in TBI cases is negligence. To succeed in a personal injury claim, a traumatic brain injury attorney must prove negligence by:

  • Proving the responsible party owed the injured party a duty of care
  • Proving that the responsible party (the defendant) failed to act within a reasonable level of care
  • Proving that the negligence of the defendant resulted in a traumatic brain injury
  • Proving that the traumatic brain injury resulted in damages (losses) for the injured individual and/or their loved ones

Product Liability and Traumatic Brain Injury Claims

Traumatic brain injury can also be the result of product liability. While rarer than cases of negligence, product liability claims can involve situations like:

  • Defective safety equipment
  • Toys or products that are defective or poisonous
  • Dangerous consumer products
  • Dangerous medications or medical equipment

It is important for individuals with a TBI to consult a personal injury lawyer regarding their claim. Not all TBI cases automatically qualify for a personal injury lawsuit. An attorney can assess the facts of your case and help you determine if you are eligible for compensation.

Speak with a traumatic brain injury attorney today and see if you have a valid TBI claim. Contact Charles Harding online for a free consultation or call 518-384-3400.