Head and brain injuries become a legal matter when negligence was the underlying cause of the injury. Negligence law exists to curb society’s dangers by holding responsible parties accountable and compensating the innocent who fall prey to needless dangers. In some instances danger cannot be avoided. However, in other instances reckless, irresponsible actions or inaction cause accidents or result in a lack of proper precautions that could have prevented an accident from occurring. In such cases, courts view this as negligence. They hold negligent parties accountable.
A brain injury occurs due to physical trauma to the head and brain and is often referred to as a head injury, traumatic brain injury or head trauma.
The severity of head injuries varies and can range from mild to severe. Head injuries can cause slight concussions or put the individual into a coma or even cause death.
According to the CDC (Centers for Disease Control and Prevention) approximately 30 percent of all injury deaths involve traumatic brain injury (TBI). Results from a TBI can last a few days or a lifetime, depending on the injury.
The main causes of TBI are falls (47)%. Being struck by or against an object is the second leading cause of TBIs (22%). Motor vehicle accidents are the third main cause of TBIs (19%).
Examples of falls, being struck by an object and car crashes subject to lawsuits include:
A customer in a store slips on an area where liquid was spilled. The store staff was aware of the spill and had ample time to clean it up but failed to do so. The customer who fell injured his head and suffered severely from a traumatic brain injury.
A pedestrian is walking by a construction site and a construction worker knocks a metal beam off a scaffold and it strikes the pedestrian in the head. The pedestrian suffers severe damages due to a traumatic brain injury.
When a driver suffers from TBI as a result of a car crash, other parties may be at fault. If the other driver violated a traffic law, was reckless or failed to take reasonable precautions to prevent the accident, the court may hold that driver accountable. If a car manufacturer or parts manufacturer produced a defective vehicle or vehicle part that contributed to the accident, they may be party to the lawsuit. The lawyer may find that a repair shop did a poor job of repairing the vehicle and this failure was the underlying cause of the crash.
An attorney can investigate and determine whether other parties are liable in an accident. When grounds exist to pursue legal action, the lawyer can help the individual recover compensation for medical costs, lost income, future lost income, pain and suffering and other related injury expenses.
At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss and evaluate the circumstances involved with your injury.