According to the Centers for Disease Control and Prevention (CDC), about 1.4 million people suffer a brain injury in the United States annually. This type of injury is often the result of a motor vehicle accident, sports injury, or fall. Any kind of trauma to the head can cause a brain injury, which can range from a minor concussion to permanent brain damage.
If you are considering legal action after a brain injury, it is important to understand the complex legal and medical issues surrounding this type of injury claim. A Boston injury lawyer with extensive experience in this specific area can make all the difference in the world. Whether you’re filing for workers’ compensation benefits, negotiating with an insurance company, or determining if you have a successful product liability lawsuit, skilled legal representation is crucial to a positive outcome.
In order to prove that another party is legally responsible for your injury, you will need to show all of the following:
- The defendant had a duty of care to the plaintiff: For example, an airbag manufacturer has to exercise reasonable care that its airbags are safe for the general public.
- The defendant failed to exercise that duty of care: If a driver is injured when his airbag explodes for no reason, sending metal debris into the air, the airbag manufacturer may be liable.
- The plaintiff’s injuries were caused by the defendant’s failure to exercise that duty of care: If the court finds that the airbag manufacturer knew about the risk of sudden explosion but failed to recall the airbags, the manufacturer will likely be found negligent.
- The plaintiff suffered measurable injuries or losses: If the victim suffered a brain injury due to the exploding airbag, he will likely be awarded compensation for medical bills, pain and suffering, lost wages, and other associated costs.
In a scenario like the one above, proving negligence should be a fairly straightforward task. But brain injury lawsuits are rarely this cut-and-dried. In many cases, simply proving that a brain injury occurred can be difficult. Broken bones and burns are easy to see, but brain injuries – unless severe – are not always apparent. As the victim, you may experience pain and cognitive difficulties on a daily basis, but proving this to the court may be an uphill battle.
Further, even when a brain injury is obvious, proving that the defendant’s negligence caused your injury can be a challenge. For example, if your brain injury occurred in a car accident involving another vehicle, proving that the defendant’s bad driving was the cause may be difficult. For this reason, gathering as much evidence as possible following a brain injury can have an immensely positive impact on the outcome of your case. A MA injury lawyer can help you determine whether you have a valid legal claim.
Symptoms of a Brain Injury
Brain injuries can be mild or severe, and so can the related symptoms. If you have suffered trauma to the head, or were involved in a high-impact accident, such as a motor vehicle accident, the following symptoms may indicate a brain injury.
- Loss of consciousness
- Severe headache
- Chronic headache
- Sleep problems
- Balance problems
- Blurred vision
- Ringing in the ears
- Sensitivity to light
- Sensitivity to sound
- Memory loss
- Problems concentrating
- Mood changes