If you or a loved one has been in an accident and sustained a head injury, such as a severe concussion or brain damage, you may be entitled to financial compensation under the law. A mild traumatic brain injury (MTBI), often known as a concussion, can result in temporary or permanent physical, cognitive, and emotional problems, making daily tasks challenging. The price of brain damage that necessitates continuing medical care often seems daunting for accident victims.
If you’re thinking about going to court, this article will walk you through the process and you can learn more here.
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Who can file a lawsuit for brain injury?
If a person suffers a traumatic brain injury as a result of the negligence of another person or entity, they have the right to sue. This covers situations in which the plaintiff is partially to blame for the collision that resulted in the traumatic brain injury, and many defendants are responsible for the traumatic brain damage as a result of their conduct.
The injured plaintiff’s spouse might sue for loss of consortium damages, which are damages for the injured plaintiff’s loss of society, comfort, and care. See the Damages section of this article for more information.
Damages that can be claimed:
Medical malpractice is the most common cause of lawsuits filed by harmed patients against doctors. Because of a doctor’s inability to intervene, patients who suffer traumatic brain injury and do not receive early and correct treatment may have a less than optimal recovery. The patient may suffer irreversible and long-term damages if the attending physician is careless or reckless.
- Injuries: Traumatic brain injuries include diffuse axonal injury, which occurs when the head is violently shaken or rotated and can result in brain damage, coma, and death.
- Damages for Injuries : Patients and their families have the right to sue for the damages that frequently result from brain injuries.
- Damages for Fatalities: If a patient dies as a result of a fatal mistake made by the attending physician, the family members might initiate a wrongful death case.
- Punitive Damages: The lawyer must show that the doctor was exceedingly careless and negligent. Punitive damages are intended to punish the wrongdoer in order to help avoid future injuries to others.
Contact your lawyers if you or anyone you care about is contemplating filing a brain injury case. They will have the knowledge and experience necessary to assist you in fully comprehending your legal rights.