Who Can File a Brain Injury Lawsuit?

Brain injury is the leading cause of disability among young adults and children, causing cognitive, physical, emotional, and social impairments. When a brain injury is caused by the negligent or careless behavior of another person or organization, the victim may be able to receive compensation for their injuries by filing a personal injury lawsuit.

The most common incidents leading to brain injury include:

• Motor vehicle accidents, including car crashes and motorcycle collisions
• Slip-and-fall accidents due to unsafe premises
• Occupational accidents
• Violent assault
• Defective products
• Instances of medical malpractice, including preventable birth injury

Statute of Limitations

It is important to note that each state imposes a statute of limitations on brain injury cases, which means that you have a limited amount of time to pursue legal action against the person or entity responsible for the injury. Because this deadline is strictly enforced, it is important to speak with an experienced attorney about your brain injury case as soon as possible.

Pursuing Compensation

The injured party can pursue monetary damages from the liable party or parties. Depending on the specifics of your case, you may be eligible to receive compensation for:

• Medical expenses, both present and future
• Rehabilitation and long-term treatment expenses
• Lost income and diminished earning capacity
• Property damage
• Pain and suffering

To receive compensation in a brain injury lawsuit, the attorney must prove that:

• you have a brain injury,
• your injury was not pre-existing, and
• your brain injury resulted from the reckless or negligent actions of another person or entity
  

Filing a Brain Injury Case for a Family Member

When injured individuals are unable to file a brain injury lawsuit on their own behalf, family members or, in certain cases, other loved ones may be able to do it for them. In addition, if a brain injury caused the death of a loved one, family members may be eligible to file a wrongful death claim.

Contact an Experienced Brain Injury Lawyer near You

If you or a member of your family has suffered a brain injury due to the negligence or recklessness of another, an experienced brain injury lawyer can evaluate your case and advise of your legal rights and options. Use LawyerShop’s directory to find a brain injury lawyer in your area.