After a tragic accident that causes a brain injury, you may be facing a long road to recovery. You may experience a loss in income, substantial financial debt, and a drastic change in the quality of your life. You will also be faced with the choice of whether to file a brain injury lawsuit.
If you have suffered a head injury, you can decide to file a legal claim depending on the specific circumstances of the injury. For instance, if the injury was caused by a slip and fall accident, car accident, or intentional harm, the claim may fall under a personal injury action. If the brain injury was the result of medical negligence, such as a birth injury, it may be brought under a medical malpractice action if the blame is placed on a physician or other medical professional.
If you are considering filing a brain injury lawsuit, keep this information in mind.
What Are the Two Main Types of Brain Injuries?
There are two main categories of brain injuries that can occur: traumatic brain injuries and acquired brain injuries. Traumatic brain injuries, or TBIs, involve severe impact injuries, such as:
- Penetrative injuries. This is when an object pierces the skull and enters the brain.A serious impact that causes localized bleeding on the brain.
- Coup-contrecoup contusions. A specific kind of impact causes the brain to hit the opposite side of the skull, which causes a second contusion at that impact site.
- Diffuse axonal injury. Shaking or rotational forces that cause rips in various brain structures.
- Concussion. A minor blow to the head that could result in loss of consciousness and could lead to temporary cognitive symptoms.
Acquired brain injuries are brain injuries that are not hereditary, degenerative, or resulting from brain trauma. Examples of acquired brain injuries include:
- Lack of oxygen supply to the brain
Do I Need to File a Brain Injury Lawsuit?
As with any long-term or permanent injury, the medical expenses you are facing for a traumatic brain injury can easily put you in financial debt. Many times after you’ve suffered severe injuries, your insurance company will not cover all the expenses, leaving you to pay out of pocket. Therefore, it may be beneficial to file a brain injury lawsuit to take care of not only the expenses you are dealing with now but any medical bills you will be facing in the future.
However, not all brain injury cases need legal action. It all depends on the severity of your injury. For example, if you received a mild concussion following a car accident, filing a claim with your insurance may be sufficient. But if you experience a catastrophic injury, causing permanent brain damage that will last a lifetime, a personal injury lawsuit is your best course of action.
How Your Brain Injury Claim Can Be Successful
To bring a claim against another party for your brain injury, you will need to prove that the other party is legally responsible for the injury sustained. That means you must show the following:
- The law required the defendant to act carefully, also known as “duty of care.” For example, every driver on the road is legally responsible to drive carefully and follow the rules of the road.
- The defendant had failed to act in a reasonable matter against the plaintiff. Using the example above, the other driver was texting and driving before the car accident occurred.
- Because of the defendant’s negligent behavior, an accident occurred. The other driver was not paying attention to their driving and ran a red light, hitting your vehicle.
- The plaintiff suffered a loss or injury as a result of the defendant’s behavior. The other driver hit your vehicle hard, causing you to hit your head against the steering wheel, causing a brain injury.
Linking a brain injury to the conduct of a negligent individual can be difficult. Brain injuries do result in memory loss so you may not remember everything that happened in the accident. You will need as much evidence as possible that shows how the brain injury occurred. This is why it’s important to hire a Washington DC brain injury lawyer to assist you with your claim and help recover your losses.
Why Hiring an Experienced DC Brain Injury Lawyer Matters
When choosing a personal injury law firm to handle your head injury, you need an injury attorney who has the experience and knowledge needed for these types of cases. They not only need to have the skills needed to get the compensation a brain injury victim deserves but have the ability to take the case to court if a settlement cannot be reached.
You will need to make sure the attorney has experience in brain injuries, so do your research. Check out prior results and read testimonials. See what other brain injury victims have said about the law firm.
And finally but most importantly, make sure the injury attorneys have your best interests in mind when taking on your brain injury claim. The lawyer will be fighting on your behalf so it needs to be someone you can not only trust but is available to answer any questions you may have about your claim.
Are You Considering a Brain Injury Lawsuit?
Filing a lawsuit for your brain injury will depend on the circumstances of your injury and how the injury has negatively impacted your life. You could be eligible for a substantial damage award.
With serious brain injuries, you or your loved one could need long-term physical and psychological therapy, which may go beyond your financial means. Your injuries can also result in lost work wages, pain and suffering, and emotional distress.
A successful brain injury lawsuit can help support you and your family financially as you adapt to healing your injuries. If you need a personal injury law firm to assist you to get the compensation you need following a traumatic brain injury, our DC brain injury lawyers are here to help. Contact Regan Zambri Long PLLC for a free consultation.