Brain Injury Law

Definition: Brain injury is a physical trauma caused to the brain resulting in disruption to the normal functioning of the brain. Most often than not, brain injuries result from motor vehicle accidents or assaults. Brain injuries can be of 2 types –closed head injuries or acquired brain injuries. The results can be mild to severe and even coma.

Understanding Brain Injury Law: According to law brain injury is a catastrophic injury and is usually the result of a wrongful act or negligence of some person. It is a complex legal situation. In addition to being a tort and negligence law, it also touches the administrative law and social security and disability laws. According to the law, the plaintiff can be the victim or their loved ones who seek justice for the damage and suffering caused due to the negligence of the offender. They are eligible to demand compensation for the injury, immediate medical care and hospitalization, future cost of medical care and rehabilitation, loss of income in the present and the future.

Legal theories behind brain injury suits:

Negligence: The main legal theory that supports a brain injury lawsuit is negligence. To claim damages and compensation, the plaintiff has to prove that:

  • The defendant did not show duty of care towards the plaintiff.
  • The defendant was the cause of the injuries to the plaintiff as a result of his negligence.
  • The injuries and losses caused to the plaintiff are measurable under the law.

Product liability: Apart from the negligence of the person under fault, there are product liability laws that are applicable in such accidents. For instance, the airbag in the car not activating could have caused the severity of the injury. So, in addition to suing the person responsible for the actual accident, one can also sue the car manufacturer for part of the injury.

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