A report from the Centers for Disease Control and Prevention or CDC stated that around 1.4 million individuals in the US experienced a brain injury. It can be due to devastating reasons such as sports and car accidents. Occurring brain injury as a result of these accidents can endanger or even end a victim’s life.
However, a person can get compensation due to the aftermath of the injury, as part of the law. In such a case, you can hire a brain injury attorney in Los Angeles if you are considering legal action following the accident.
Although many people are able to survive a brain injury, it can definitely change a person’s life forever. The person may experience physical, mental, and emotional sufferings due to brain injury. It can also affect the person’s communication and cognitive skills, which can affect a lot on his/her daily life. Plus, rehabilitation and other medical assistance can cost a fortune in which not all families are not financially capable of spending.
Legal coverage of brain injury
A brain injury has two major types: acquired brain injury (ABI) and in-born brain injury. The former occurs when there is physical impact, which leads to the disruption of the brain’s normal functioning. ABI may occur if there are accidents involved that cause major injury on the person’s head. However, it may also occur as a result of other health conditions such as stroke or infections.
On the other hand, in-born brain injury occurs prior to a baby’s birth. Among common causes of in-born brain injury may be due to fetal alcohol syndrome, perinatal illnesses, or genetic brain conditions. However, the law provides compensation to the person regardless of the type of brain injury.
Seeking legal help for brain injury
You can file a brain injury lawsuit if the cause of the said injury is due to another person or a third party’s negligence. In such cases, you should consult a lawyer specializing in brain injury litigations. For one thing, cases of brain injuries involve both medical and legal concerns. Also, the cost of treatment and the impact due to the unfortunate incident should be compensated to help ease the victim’s physical, mental, and emotional trauma.
However, you should prove in court that the cause of brain injury is due to another party’s negligence. For example, the plaintiff (or the complainant) should provide proof that the defendant (or the one being complained) showed improper conduct which resulted in the said injury.
One of the most common causes is drunk driving. For example, the defendant may have been driving recklessly while intoxicated with alcohol and result in a car crash. The driver may come unscathed, but the passenger is badly wounded. In such cases, the plaintiff may not only file a lawsuit to the drunk driver.
In other instances, the victim may also file a lawsuit against the vehicle manufacturer. This may apply if the car has not properly deployed the safety airbag that could have lessened the impact of the accident and prevented the injury in the first place.
These are only some instances wherein a brain injury lawsuit may be necessary. For one thing, the medical costs that come with brain injury treatment do not come cheap. Not to mention the physical, emotional, and mental trauma the victim incurred due to the accident.