Brain injuries, also referred to as TBI (traumatic brain injury), can have lifelong consequences for victims. But who is eligible to file a lawsuit and seek compensation for such a life-altering injury? Our law firm has handled countless cases with brain injuries and can help point you in the right direction.
Who Can Sue for a Traumatic Brain Injuries?
People who have suffered brain injuries as a result of someone else's actions or negligence can initiate a personal injury civil suit to seek damages compensation - adults and minors. In addition, the spouse of someone who suffered a brain injuries may also initiate a lawsuit for loss of consortium damages, in some cases.
It is important to observe that brain injuries are sometimes difficult to diagnose, and may show "delayed" symptoms days, sometimes weeks after the accident. That is why it is important to receive medical attention immediately after the accident, even if you don't feel injured. That way, you will have documentation showing how your injury progressed and thus will be better equipped to prove that your injury and symptoms were linked to the accident and not a result of a separate event.
What Do I Have to Prove in Order to Win a Brain Injury Lawsuit?
Most brain injuries cases are constructed on the grounds of negligence, which places the burden of proof on the plaintiff. Lawsuits based on negligence require the plaintiff to prove a few key aspects: first, the plaintiff must prove that the defendant owed the plaintiff a duty of care and that this duty of care was breached through deliberately reckless actions or by negligence (failing to take action when needed). Second, the defendant's actions or failure to act was the direct cause of the accident or event that led to the injuries. Third, the plaintiff was significantly injured and suffered losses as a result.
These factors are not always easy to prove. For that reason, a personal injury lawyer may be essential to help advise you regarding the type of evidence you will need and the right course of action to build a strong case. Pictures, videos, medical records, and any other evidence connecting your brain injury to an accident that could have been prevented if it wasn't for the defendant's negligence may be vital for your case.
Can I Sue the Manufacturer of a Product or Equipment for My Brain Injuries?
Besides seeking damages compensation from a negligent individual, you may also consider initiating a product liability lawsuit when applicable. If your brain injury was caused in part by a defective product or equipment, then the manufacturer of that product may share financial responsibility for your case.
As an example, we can mention the wave of defective airbags that started causing severe injuries or death a few years ago after deploying improperly and launching sharp metal pieces at the victim. While another driver may have caused the car crash itself, a defective airbag (and in this case, downright dangerous) may have been the major contributing cause of a TBI. In this case, victims may file a product liability lawsuit against the airbag manufacturer.
Should I Accept the First Settlement Offer From the Insurance Company?
If you are in the process of negotiating an insurance settlement outside of the courtroom, you should know that most insurance companies are interested in protecting their profits and thus would rather dismiss your case or see you walk away with the lowest possible amount for your settlement. If you don't have a strong legal team on your side, they may try to pressure you into accepting their first settlement offer, which is often low and does not cover all your losses.
You are not legally obligated to accept that initial offer. It may be in your best interest to let an experienced brain injury attorney handle the negotiation process for you so you can secure maximum compensation. That is what we aim to do at Capital Injury Law. If you have suffered a brain injury because of someone else's actions, call our Lacey office at 360-209-3360 to see what we can do for you.