Brain Injury
Serious Brain Injuries: Medical Evaluation
Especially after a serious accident, victims of brain injuries may need financial assistance in treating the injury and in continuing with their life. Medical evaluation of the degree of an individual's impairment can have a huge impact on the level of compensation the individual will receive, from all sources. Medical evaluation will also have an impact on findings such as:
- The injured person's ability to work;
- The right to receive different kinds of economic compensation;
- Eligibility for protection against discrimination;
- Whether independent living is possible;
- What type of physical therapy might improve his/her health.
Significantly, such an evaluation should include the significant changes an individual will undergo as he/she progresses through acute hospitalization, then returns to the home and community. An individual will likely experience the best possible outcome with rehabilitation that offers an interdisciplinary approach and coordinated care.
Pursuing a Legal Claim for Brain Injuries
If you or a loved one have suffered a brain injury as a result of an accident, and you believe that someone else may be at fault for what happened, you may be entitled to a legal remedy for any harm that resulted.
Should you decide to pursue a legal claim, your attorney may proceed under two distinct legal theories in order to prove that you were injured because of someone else's carelessness. Under a "negligence" theory of liability, your attorney will seek to prove that someone owed you a legal duty of reasonable care, failed to fulfill that duty, and caused you to suffer injury as a result. A negligence theory of liability is used most often when someone's action (or failure to act) was the main cause the injury, as opposed to a product or piece of equipment.
Learn more about negligence.
In addition to claiming that a person or business was negligent in causing a brain injury, your attorney may also argue your case under a theory of "strict product liability." Under this theory, the manufacturer of a product that injured you (or the manufacturer of a faulty product designed to protect you, such as a helmet) may be held liable if it can be shown that the product was somehow unreasonably unsafe under the circumstances.
If you or a loved one is experiencing the symptoms of a brain injury, you should first seek immediate medical attention. If you believe that someone else may be at fault for the incident that led to the injury, you may also wish to speak with an experienced attorney to discuss your legal right to compensation for your injuries. To find an experienced personal injury attorney near you, click here. |
