The brain is made of soft tissue, surrounded by a hard skull to protect it, but there still are many ways that the brain can be injured. “Brain injury” is a term that encompasses everything from mild concussions to serious trauma. Traumatic brain injury (TBI) usually results from a violent blow or jolt to the head or body. An object that goes through brain tissue, such as a bullet or shattered piece of skull, also can cause traumatic brain injury.
When the brain is injured, the effects can be devastating and life-changing, since the brain controls all our bodily and mental functions. The degree of damage can depend on several factors, including the nature of the injury and the force of impact, as well as the area of the brain where the injury occurred. Brain injuries can produce changes in personality, intellect, creativity, and memory, and severe injuries can lead to paralysis, inability to communicate, coma, or death. Those who survive may need life-long care, face financially draining medical and rehabilitation costs, and be unable to work again.
If you or a loved one has suffered a brain injury due to another party’s negligence or fault, you may be entitled to compensation through insurance or a personal injury lawsuit. While no amount of money can make up for the suffering a brain injury can cause, a successful brain injury claim can ease your financial burdens and pay for the care and treatment needed.
The experienced and compassionate personal injury lawyers at the Billy Johnson Law Firm can help determine if you are in a position to sue for a brain injury. When doing so, it is important to understand what the most common causes of brain injury are and where your injury fits in, so you can help your attorney prove who was at fault and where negligence came into play.
What Are the Most Common Causes of Brain Injury?
According to the Centers for Disease Control and Prevention (CDC), around 1.4 million Americans suffer a brain injury every year. People most commonly get TBIs from a fall, firearm-related injury, motor vehicle crash, assault, or other type of accident. Some of the more common causes that give rise to lawsuits are motor vehicle accidents and medical malpractice, which are caused by another party’s negligence or fault through actions or failure to act.
The following is a list of the most common causes of brain injuries:
Fall Accidents — Falls are the leading cause of brain injuries, especially among the elderly and young children. Falls from ladders, stairs, or slippery surfaces can result in head trauma and brain damage. Property owners and managers have a responsibility to maintain their premises so they are safe and do not harm others, and to warn about and fix hazards they know or should have known about. If they are negligent and fail to do so and a fall results, you may be able to sue for compensation.
Vehicle Accidents — Motor vehicle crashes are another leading cause of brain injuries and death, and kill over 100 people every day, according to the Centers for Disease Control and Prevention (CDC). The impact of a collision or sudden stop can cause the brain to collide with the skull, resulting in various levels of injury. If the crash was due to another driver’s negligence, such as situations where the driver was speeding, intoxicated, or distracted, or where a broken traffic signal or poorly maintained roadway led to a crash, you may have grounds for a lawsuit.
Defective Products – Companies that make and sell products do have a legal obligation to provide safe and effective products that do not cause harm when used correctly, and to warn of any dangers inherent in the product. When they fail to do so and brain injuries occur due to defective products — such as faulty car parts, unsafe children’s toys, or malfunctioning industrial equipment — the manufacturer, distributor, or retailer may be held responsible through a product liability lawsuit.
Medical Malpractice — Medical professionals are expected to provide a certain standard of care to their patients. If a healthcare provider’s negligence leads to a brain injury, such as through mistakes made during surgery, administration of anesthesia or medications, or childbirth, a medical malpractice lawsuit may be possible. Infections affecting the brain, such as meningitis or encephalitis, that are not detected and treated properly can cause inflammation and damage to brain tissue as well.
Sports and Recreational Activities – Contact sports and activities with a risk of falls can result in concussions or more severe brain injuries, so proper protective gear and adherence to safety guidelines are crucial. If brain injuries occur because of someone else’s reckless or intentional behavior, or if protective equipment fails, a lawsuit may be possible.
Assaults — Physical assaults that involve punches and blows to the head, lead to falls, or include shotgun wounds can cause traumatic brain injuries. Shaken baby syndrome is a specific form of abusive head trauma that occurs when an infant is violently shaken, leading to brain injury. Perpetrators of assault can be held both civilly and criminally responsible.
Workplace Accidents — Certain occupations, such as construction and manufacturing, carry a high risk of head injuries due to falls, being hit by vehicles or struck by objects, or due to other accidents on the job site. Employers have a responsibility to provide safety training and equipment to prevent injury to workers.
Penetrating Injuries, Explosions and Blasts – When objects such as shards of glass, a knife, or a bullet penetrate the skull, there can be direct damage to the brain tissue and blood vessels, leading to a traumatic brain injury. Individuals exposed to explosions or blasts, such as in combat zones or industrial accidents, may also suffer from traumatic brain injuries due to the force and pressure waves generated.
Get Legal Help When Negligence Causes a Brain Injury
Regardless of the cause, suffering a brain injury is a traumatic experience that can have long-lasting physical, emotional, and financial consequences, and anyone who has suffered a brain injury due to another party’s negligence or fault should get help from an experienced personal injury attorney. At the Johnson Law Firm, our skilled lawyers know what to look for in building a legal claim and can assess the circumstances of how your brain injury happened, identify the parties who were at fault, determine liability and prove negligence, and guide you through the legal hurdles involved with winning compensation that covers both your economic damages and your non-monetary damages, such as pain and suffering, that negatively impact your life.
Attorney Billy Johnson has the skills, experience, and resources to help brain injury victims and their families get justice and win the compensation they need to put their lives back together, and he is ready to help you. We get results, such as the $24 Million settlement awarded in a recent truck wreck case on the first day of trial.
We offer a free consultation to discuss the circumstances of your case, and there are no costs to you unless and until we win. Call us at 606-437-4488 today to get started.