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Brain Injuries And The Personal Injury They Can Cause

Brain Injuries Often Result in Significant Personal Injury

Brain injuries can be the most devastating of all personal injuries. They can result in brain damage, physical disabilities and emotional difficulties. The costs and impact on the victim and the victim’s family can be overwhelming. In many cases, one or more third parties are legally responsible for the victim’s injuries and the injured person may be able to recover money damages for his or her personal injury brain damages.

Causes of Brain Injuries

Some causes of brain injuries include car accidents, slip and falls, assaults, sports accidents, shaken baby syndrome, and oxygen deprivation, or carbon monoxide poisoning.

Liability for Your Brain Injury or Personal Injury

Depending on the circumstances, one or more parties may be legally responsible for your brain injuries. A personal injury attorney experienced in brain injury cases will be able to evaluate the facts of your case and determine who the responsible parties are. These parties could include:

  • An impatient baby sitter who shook the baby, causing brain damage.
  • A doctor who negligently deprived a newborn of oxygen following childbirth, resulting in personal injury in the form of brain damage.
  • A negligent driver who caused a car accident with another car or pedestrian causing personal injuries resulting in brain damage.
  • A grocery store owner who failed to properly clean the store’s floors, leading to a shopper’s slip and fall and resulting brain injury.

Types of Compensation Available to a Victim of a Brain Injury

Following are some of the categories of damages that a personal injury attorney familiar with brain injuries may be able to obtain:

  • Current and Future Medical Bills
  • Lost Compensation or Wages
  • Impaired Earning Capacity
  • Diminished Lifestyle
  • Life-Care Related Costs
  • Pain and Suffering
  • Punitive Damages

Brain Injuries Can Be Difficult to Prove

Because brain injuries do not always result in clearly identifiable physical harm, they can be difficult and expensive to prove. Evidence of damage may not even be evident on an X-ray or CAT-scan of the brain.

However, a personal injury attorney experienced in brain injury cases can rely on various types of expert testimony as well as the testimony of friends and family members who can testify as to changes in behavior and other signs of personal injury suffered by the victim. Just a few of these experts may include:

  • A neurologist who diagnosis damage to the nervous system;
  • A respiratory therapist who can evaluate the brain injury’s impact on breathing;
  • An occupational therapist who can evaluate the victims’ ability to return to work;
  • A cognitive therapist who re-teaches lost skills.

Brain injuries are devastating, often leaving victims permanently disabled and requiring years of medical treatment and therapy. In addition to physical injuries, the victims may suffer other personal injuries such as depression and being unable to work. All of these personal injuries can dramatically change the quality of life of a victim and his family — and they often amount to significant damages.

If you or a loved one has suffered from a brain injury, you should consult with an experienced personal injury attorney who has the capability to file multiple claims against all of those people and companies who have caused or contributed to your personal injury damages. Your personal injury attorney should consult with brain injury experts as soon as possible to discuss the merits of your case.


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