123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Brain Injuries And Legal Liability

Profile Picture
By Author: R. Klettke
Total Articles: 49
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

Who Bears Legal Liability for Brain Injuries?


Traumatic brain injuries are devastating to one’s health, enjoyment of life and finances. When someone else’s negligence caused the injury, they are liable for its costs.


There are many different causes of brain injuries: About half are from auto accidents, but what is referred to as TBIs – traumatic brain injuries – can come from simple slip-and-fall accidents, industrial or workplace mishaps, violent impacts in sports and recreation, and criminal acts such as a blow to the head or a bullet wound. A brain injury usually follows an impact to the head, but severe shaking of the body can also damage brain tissue.


What individuals with TBI share are disabilities that can affect them the remainder of their lives. In addition to severely reduced or eliminated lifetime earnings, the individual suffering a brain injury will experience medical costs, expenses related to therapy and caregiving, and pain and suffering.


Whenbrain injury is caused by someone else’s mistake, the injured individual ...
... should recover these losses through litigation.Consider these specific scenarios where the liability lies with another person’s mistake:

Negligent (including DUI) driving – As it happens in a large percentage of cases, an individual’s decision to drive recklessly or while under the influence of drugs or alcohol can inflict catastrophic damage on others.

Poorly supervised athletics – Evidence mounts that amateur and professional sports can cause meaningful brain damage over time. But bad coaching, negligent oversight of athletic facilities or faulty equipment can cause immediate and serious brain injury.

Medical error – For example, “off label” use of Botox as encouraged by its manufacturer has been found responsible for a severe brain injury suffered by a Virginia man.The jury awarded him $12 million, in part to cover his 24-7 care.

The work of the brain injury lawyer is to identify the cause of the injury and who bears liability for that cause. A simple slip-and-fall on a stairway at home is usually the misstep of the victim. But if negligent hospital treatment of that individual is found to have worsened the effect of the fall – perhaps when a decompressivecraniectomy is mistakenly used –some liability can fall on the healthcare provider.


A personal injury attorney with brain injury experience can guide the injured and his or her family through the process of determining lifetime costs and the lawsuit itself. Expert counsel is almost always required in such cases.

Total Views: 575Word Count: 398See All articles From Author

Add Comment

Legal Articles

1. Marriage-based Green Card: Timeline, Costs, And Common Rfes
Author: Berd & Klauss, PLLC

2. Equivalency Certificate Services In Dubai, Uae: Why Attestation Alone May Not Be Enough
Author: Prime Global

3. Canada Express Entry Program | Immigrate To Canada From India
Author: Atul

4. Fidic Disputes Explained: Why Construction Contracts So Often End Up In Arbitration
Author: Andy

5. When Should A Business Hire A Corporate Lawyer?
Author: Shelly

6. Solicitors In Birmingham: How To Choose The Right Legal Support
Author: Ranking Core

7. How A Medical Malpractice Lawyer In Washington Can Help After Medical Negligence
Author: Bounnie Miller

8. Sovereign Disputes Vs Commercial Disputes: Why The Arbitrator's Experience Matters
Author: Andy

9. 7 Proven Steps To Secure An Anticipatory Bail Lawyer Delhi And Protect Your Freedom
Author: Pramanika Legal

10. Divorce In Dubai: Common Legal Challenges And How To Handle Them
Author: BR Law Firm

11. Best Advocate Firm In Dwarka: Trusted Legal Guidance With A Human Approach
Author: SBIG Legal

12. Banking Disputes Across Borders: When Should Financial Disputes Go To Arbitration?
Author: Andy

13. Best Divorce Lawyers In Hyderabad – Expert Legal Support For Matrimonial Matters
Author: nagaraju goud

14. Best Family Lawyers In Hyderabad – Trusted Legal Guidance For Family Matters
Author: nagaraju goud

15. One Size Does Not Fit All: Sector Expertise Across Commodity, Shipping And Construction Arbitration
Author: Andy

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: