Brain injuries may be mild or catastrophic, ranging from a minor concussion to a TBI (traumatic brain injury) and can occur as a result of direct trauma to the head or a jolt involving no direct contact at all. They may result from, among other things, vehicle accidents, blunt-force trauma, or electrical shock. Hypoxic brain injuries (due to asphyxiation) may be caused by non-fatal drowning, noxious gases, or choking. If your brain injury resulted from someone’s negligence or from a defective product, you may have a claim for damages against the individual or entity responsible.
Brain-injury claims
• Actions in negligence
If your brain injury was caused by the negligent actions or inaction of an individual or entity, you may bring an action in negligence to recover damages. In order to prevail on such a claim, you will need to show that the defendant owed you a duty to exercise reasonable care, that the defendant failed to exercise such care, that you suffered a brain injury as a result, and that you incurred damages (losses that are recognized by law as compensable) as a consequence of the injury.
Examples of such claims include actions against an individual whose negligent driving was a cause of an accident, the owner of a negligently maintained pool with faulty wiring, or the owner of a building whose negligently maintained equipment leaked noxious fumes. Medical malpractice that results in a deprivation of oxygen through the improper use of equipment may be the basis for a brain-injury claim. The inaction of medical personnel, such as the failure to conduct the appropriate tests when a patient presents with a head injury, may also constitute a negligent cause of brain injury.
• Product-liability actions
If a defective product was a cause of your brain injury, you may bring a product-liability action against the manufacturer or anyone in the chain of distribution. If, for example, you were exposed to toxic emissions from the malfunction of a furnace made with a defective component, you could commence such an action against the company that manufactured the furnace as well as anyone who distributed or sold it. If the auto accident that caused your injury resulted from a manufacturing or design defect in your or another person’s automobile, you could bring a product-liability claim against the manufacturer for the damages you incurred.
Damages recoverable in brain-injury cases
Brain injuries may be life-altering and emotionally devastating. Patients may experience seizures, coma, cognitive impairment, behavioral abnormalities, hearing and vision loss, or death. If you have suffered a brain injury due to another’s negligence or a defective product, your recoverable damages may include those for past and future medical expenses, pain and suffering, lost earnings and earning potential, costs of physical, occupational, speech, and vision therapy, emotional distress, and psychological counseling.
Obtain the assistance of an attorney experienced in brain-injury litigation
Brain injury cases require the assistance of both medical and legal experts. The Killino Firm has extensive experience with brain-injury actions and will work diligently to obtain the compensation to which you are entitled.
