Do I Have a Case for a Head Injury Lawsuit?

Young Black man whose head is exploding from injury

According to a 2014 Centers for Disease Control and Prevention report, traumatic brain injury accounts for more than 2.5 million people’s emergency room visits, hospitalizations and deaths in the United States. These injuries can be caused by anything from sports activities to car accidents and have life-changing effects for the person and families experiencing them.

If you, a family member or other loved one is suffering from a head injury due to negligence or malpractice, you may be entitled to financial compensation. Working with an experienced brain injury law firm like Janet, Janet & Suggs (JJS) can help you determine if you have a head injury lawsuit and help you seek the compensation you deserve.

What is a Traumatic Brain Injury?

Traumatic brain injuries (TBI) are brain injuries often caused by oxygen deprivation, violent movement of the skull or external head trauma. Incidents that commonly result in a TBI include car or truck accidents, construction accidents, falls from heights and medical malpractice.

Symptoms of a head injury may be mild, moderate or severe, depending on how serious the damage to the brain is. Some symptoms are immediately noticeable, while others don’t surface until several days or even weeks after the injury happens.

These symptoms can include sensitivity to sound or light, sleep pattern changes, difficulty with attentiveness or memory, mood changes, fatigue, vomiting or nausea, loss of coordination or balance, dizziness, blurred vision, headache, and loss of consciousness.

Know the Legal Basis of Your Case

It’s essential you understand the legal theory a head injury lawsuit will be based on. This will dictate what needs to be proven so you can win a settlement or lawsuit. Understanding this legal basis can also help as you and your legal team gather evidence relevant to the case.

Typically, a head injury lawsuit is based on the legal theory of negligence. Negligence claims require the individual initiating the lawsuit, or the plaintiff, prove the party being sued, or the defendant, is legally at fault or responsible for the head injury.

To win a negligence claim, plaintiffs need to show:

  • The defendant legally owed the plaintiff a reasonable level of care or “duty of care”
  • The defendant failed to provide reasonable care to the plaintiff
  • The defendant’s action or inaction resulted in the plaintiff’s head injury
  • The plaintiff suffered an injury or loss that’s measurable under the law

Proving a head injury happened and directly correlating that head injury to the defendant’s conduct can be difficult. Sadly, head injuries can be more complicated and difficult to detect than other kinds of injuries. This makes gathering as much evidence as possible about the nature of the injury and the incident resulting in the injury extremely important for proving your case.

Understanding Your Rights

If you or a loved one is suffering from a TBI due to the negligent or wrongful conduct of another individual, you may be able to pursue compensation to help care for their needs. A traumatic brain injury can have lifelong consequences for individuals and their families, including long-term rehabilitation and costly medical care. In addition, they can experience challenging or decreased function, making it hard to return to work or have a normal life.

A brain injury attorney can work with medical experts, vocational experts and other specialists to get you the help you need. They will evaluate your situation and calculate proper compensation for pain and suffering, loss of earnings and earning capacity, disability, rehabilitation expenses, and medical expenses.

Can You File a Lawsuit for a Family Member?

It is possible to file a head injury lawsuit on behalf of a loved one if they are unable to do so for themselves due to permanent or severe brain damage. You can also file a lawsuit on behalf of your child if there’s evidence supporting the claim. These suits would be seeking compensation for any pain and suffering, loss of income, cost of care, and medical expenses. If the lawsuit is on behalf of a child, any money for them will go into a trust to benefit that child.

You may also be eligible for compensation. For example, if you are a spouse, you may be able to sue for loss of consortium or your inability to have a normal marital relationship.

When filing a claim where you may also be eligible to receive compensation, the lawsuit would be filed naming you as the person who filed the claim on behalf of your loved one and on your own behalf.

Work With a Brain Injury Law Firm

If you feel someone is legally responsible for a head injury you or a loved one is suffering from, the first thing you need to do is talk with a qualified personal injury attorney specializing in head injury litigation. Whether looking to file a head injury lawsuit or negotiate with an insurance company, our experienced brain injury attorneys can help ensure your rights are protected. Complete our online form to have your potential head injury lawsuit evaluated and schedule your free consultation today.

Scroll to Top