What to Know About Brain Injury Lawsuits

brain injury represented by illustration of brain as a puzzle with piece removed

Brain injuries can happen unexpectedly while working, driving, playing sports or doing other everyday activities. Because concussions and other brain injuries tend to have serious side effects and require complex treatments, they may also have long-term or even lifelong consequences.

If you or a family member has sustained a brain injury, you may be able to obtain compensation for your losses. Before you file a lawsuit, make sure you understand what to expect when you work with a brain injury lawyer. Learn how and when to take legal action and take a closer look at some possible outcomes for your brain injury lawsuit.

Brain Injury Lawsuits May Help You Recover Financial Losses

An estimated 1.5 million Americans suffer traumatic brain injuries every year, according to the Centers for Disease Protection and Control (CDC). Each year, about 230,000 people have to be hospitalized due to concussions and brain injuries. As many as 90,000 endure long-term disabilities as a result.

Whether survivors have to pay for expensive hospital stays or experience reduced earning potential due to their disabilities, they can suffer serious financial losses. As the CDC states, research has shown that brain injuries can lead to a collective financial burden of nearly $40 billion each year.

When you file a brain injury lawsuit, your legal team aims to help you get compensation for the losses you’ve suffered, effectively returning you to your original financial position. For example, compensation may cover medical expenses, lost income, and other damages. In cases that involve gross negligence on the part of another party, the settlement may also include punitive damages.

The Nature of Your Lawsuit Depends on How the Brain Injury Occurred

Most brain injury lawsuits fall into one of a few common categories, which determine the type of case your legal team can pursue. The most common categories include:

  • Negligence: If you have a car accident with a legally inebriated driver, then their negligent driving could be responsible for your brain injury. Negligence can also occur indirectly—for instance, if an employer fails to implement proper safety protections.
  • Product liability: If you used a product or a piece of equipment that was defective or failed to include usage warnings, then the manufacturer could be liable for your resulting brain injury.
  • Medical malpractice: If a doctor’s actions, such as prescribing incorrect medication or performing a procedure improperly, caused your brain injury, then you may be able to hold them liable.

Your Brain Injury Lawsuit May Have a Firm Deadline

After experiencing a life-altering situation that results in a brain injury, you may have a long list of serious matters to resolve. For example, you may have to arrange for long-term medical care, remodel your home so you can safely live in it or find a new job that you can do with your disability. Filing a lawsuit may not be the first item on your to-do list.

However, if you don’t file a brain injury lawsuit relatively soon after the fact, you may not be able to pursue legal action or hold the responsible party liable for damages. Each state has different rules, called statutes of limitations, for the number of years that can pass before you lose the ability to take legal action. In some states, the statute of limitations is just one year, so it’s in your best interest to file as soon as possible.

An Experienced Legal Team Can Help You Achieve the Best Possible Outcome

If you believe that your brain injury is the result of someone else’s negligence, then you may be able to hold the person or organization responsible. Because brain injuries often involve complicated medical issues and similarly advanced legal problems, your lawsuit is likely to require both experienced lawyers and a team of experts who can testify to liability and damages.

The knowledgeable attorneys at Janet, Janet & Suggs have a 40-year track record of pursuing complex legal cases and helping clients receive settlements totaling over $3 billion. Some of our most notable brain injury lawsuits include:

  • Sonogram misinterpretation – $9 million: This settlement compensated the client for a prenatal sonogram misinterpretation, which caused the child to be born with serious brain damage.
  • Airway obstruction – $8.25 million: This settlement compensated the survivor for a failure to respond appropriately to an airway obstruction, which caused brain damage.
  • Anesthesia mistake – $5.5 million: This settlement compensated the client for brain damage and quadriplegia as a result of anesthesia malpractice.
  • Medication mismanagement – $4.5 million: This settlement compensated the survivor for being subject to significant doses of an asthma medication that caused seizures and brain damage.

At Janet, Janet & Suggs, we take pride in approaching every case with the same care and compassion we would offer our own families. That means you can feel confident that our legal team will help you achieve the best possible result for your case. Our experienced team of brain injury lawyers is committed to helping you get the verdict and settlement you deserve. Contact us to schedule a no-obligation consultation and find out how we can resolve your brain injury lawsuit.

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