Unfortunately, more than a million Americans suffer a traumatic brain injury each year. Whether the injury is a traumatic brain injury (TBI), a skull fracture, a closed head injury, or a brain bleed, over 80,000 people suffer from long-term disabilities due to their brain injury.
The bad news is that many of these brain injury victims end up being younger children. Close to 500,000 children end up suffering serious brain injuries due to various accidents almost every year. Furthermore, higher and higher numbers of construction workers have experienced a traumatic brain injury due to decreased construction site regulations of late.
Common Accidents that Cause Brain Injuries
- Car, Truck, And Motorcycle: Many brain injuries stem from motor vehicle accidents. In these lawsuits, the defendant is most commonly the driver of the bigger vehicle, and they usually fail to operate their vehicle responsibly. Being behind the wheel of a car or driving a motorcycle is one of the most dangerous activities a human can do, in fact, a motor vehicle crash was one of the leading causes of brain injuries for people between the ages of 15-44 according to the Center for Disease Control.
- Medical Malpractice/Birth Injury: Brain injuries occur from medical malpractices as well. This occurs when a doctor, hospital or any other healthcare provider strays from the standard of care set forth by the medical community. When this happens, and someone acquires a personal injury because of it, a personal injury lawyer can help with their case.
- Hurt on the Job: When a construction worker suffers a brain injury while on the job, they may be entitled to workers compensation benefits because of the circumstances of their injury. However, workers in some situations are eligible for additional compensation if a third party was responsible for causing their injury, this is called third party liability.
How Our Personal Injury Attorneys Help
Many moving parts go into a brain injury lawsuit. To file a lawsuit, the victim must be proven to have suffered the injury at another person’s negligence. When negligence has a role in the case, the lawyer defending the injured party must prove to the jury these things:
- Breach of Duty of Care: An individual that is in the position of caring for someone has to live up to the standards set forth by the community that that individual practices in. For example, if a doctor goes against a particular duty established by the medical community, and the action results in an injury to the patient, a claim can be filed against the doctor for the actions they took during the procedure.
- Causation: While attempting to prove causation for an accident, a lawyer must show that a person’s negligence is directly responsible for the victim’s injury. For example, it must be proven that a person ran a stop sign, therefore causing the crash that led to the victim’s brain trauma.
- Damages: In a personal injury case, the jury needs to determine that upon evidence in the case, the victim will be in economic/noneconomic danger because of their injuries.
Compensation for Brain Injury Victims
- Compensation for Your Medical Bills: During the process of a brain injury claim in New York, a victim may apply for compensation for their medical bills that are related to their injury. These bills often include the following:
- Doctors visits
- Rehabilitation expenses
- Occupational therapy
- Loss of Quality of Life: Victims can gain compensation for their inability to enjoy life’s treasures in the way that they used to before their injury happened.
- Pain/Suffering: Monetary damages are available in cases where the lasting pain from an injury is occurring such as a brain or spine injury.
- Lost Wages: In a case where a client may miss a substantial amount of time at work due to their injuries, they may be able to recover an amount of compensation for their lost wages. Victims can also receive compensation for any future earnings they may lose due to their injuries.
- Wrongful Death: When a person is involved in an accident in which their brain injury is fatal, the person’s family may be eligible to file a wrongful death lawsuit. The victim’s family can pursue compensation for their loved one’s financial damages, such as funeral costs and lost wages. The family of the deceased may also be eligible for a lawsuit that compensates them for unique losses such as, pain and suffering as well as loss of companionship.
Trust Lever & Ecker, PLLC With Your Brain Injury Case
Traumatic brain injuries can cause serious heartache for victims and their families. If yourself or one of your loved ones has recently suffered a brain injury due to another person’s negligence, please take action fast and call our personal injury lawyers. Here at Lever & Ecker, PLLC, we are here to help you understand your legal options and assist you through your unfortunate circumstances.