Protect Your Quality of Life with the Help of a Brain Injury Attorney
Suffering brain injuries, especially at the hands of another person, can be extremely traumatizing and the road to recovery may be long and expensive. The Morgan & Morgan brain injury attorneys have achieved an enviable track record of results in helping brain injury victims file claims against negligent motorists, doctors, and trucking companies. We have helped our clients recover the compensation they needed to cover economic losses, such as medical expenses and lost wages, which were incurred as a result of their injuries.
Our attorneys understand that brain injuries not only have an impact on the victim’s financial stability, but also their quality of life. If you or a loved one suffered a brain injury because of someone else’s negligence, we may be able to help you recover compensation for economic damages, as well as any intangible losses, such as loss of life’s enjoyment. To find out more how we can help you with your claim, contact our brain injury lawyers today for a free, comprehensive case review.
Elements of a Brain Injury Lawsuit
To file a lawsuit, the brain injury victim must have suffered trauma as a result of another’s negligence. In a negligence claim, the attorney representing the injured party needs to prove the following:
Duty of Care: This refers to a legal obligation that requires an individual to exercise a reasonable level of care so as to prevent harm to others. For instance, a doctor has a duty to perform up to the standard of care fixed by the medical community.
Breach of Duty: An individual or entity may be considered negligent if they breach their duty of care. For example, if a doctor performs an operation in a manner considered unacceptable by the medical community’s standards, they may have breached their professional duty.
Causation: The defendant’s negligence must have been directly responsible for the injury or damage that occurred.
Damages: For a victim to file a claim, the injury needs to have caused either economic or non-economic damages. If the victim suffers trauma resulting in a minor concussion, they may not be able to file if damages did not result from the injury.
Use of Medical Experts in Brain Injury Cases
Our attorneys’ ability to effectively use expert witness testimony has led to our many multi-million dollar verdicts.
At Morgan & Morgan, our brain injury attorneys work with medical experts who help us demonstrate causation, one of the essential, and most difficult, elements to prove in a successful negligence suit. To demonstrate a link between the defendant’s negligence and our client’s injuries, these experts will examine medical records, and conclude whether the medical professional failed to meet the standard of care required by his or her profession, and compile evidence to prove the failure, such as computer simulations of the accident. Our experts’ testimony helps show jurors—who do not possess the requisite medical knowledge to draw their own conclusions—a correlation between the responsible party’s negligence and our client’s brain injury. Our attorneys’ ability to utilize expert witness testimony has led to many successful verdicts and settlements.
With more than two decades of experience handling personal injury lawsuits, our brain injury attorneys have seen the devastating and long-term effects of these injuries. We have committed ourselves to ensuring that those who were injured as a result of another’s negligence receive the compensation they need to recover from their injuries. With each case we handle, our attorneys work with medical and economic experts who can help ensure the present and future needs of our clients are accounted for both medically and financially.
What Types of Brain Injury Cases Do Your Attorneys Handle?
Our brain injury attorneys handle lawsuits regarding the following types of accidents:
Car, Truck and Motorcycle Accidents: In brain injury lawsuits involving motor vehicle accidents, the defendant is commonly a driver who failed to operate his or her vehicle responsibly. In cases involving truck accidents, the defendant may be the truck driver and/or trucking company.
Medical Malpractice/Birth Injury: Medical malpractice occurs when a doctor, hospital or other healthcare provider deviates from the standard of care expected in the medical community, resulting in injury to the patient.
At-Work Accidents: When a worker suffers a brain injury on the job, they may be able to recover compensation through workers’ compensation benefits. They may be able to receive additional compensation if a third party was negligent in causing them harm.
What Can I Be Compensated For in a Brain Injury Lawsuit?
When an individual files a lawsuit after suffering a brain injury, they may be able to recoup compensation for economic and non-economic damages:
Medical Bills: In a brain injury lawsuit, victims can claim compensation for any medical bills related to the injury. For example, a person may be able to file a lawsuit to gain compensation for expenses related to doctors’ visits, hospitalization, rehabilitation, and occupational therapy.
Pain and Suffering: Victims of brain injuries may be eligible to pursue monetary damages for any lasting physical or emotional pain, such as brain damage or amnesia.
Loss of Life’s Enjoyment: In a successful brain injury lawsuit, the plaintiff may also be entitled to compensation for their inability to participate in activities that they once enjoyed.
Lost Wages: Individuals who suffer brain injuries may miss substantial time at work. By filing a brain injury lawsuit, victims may be able to recover compensation for any lost wages that resulted from the brain trauma. Additionally, victims may also receive compensation for any damage to their future earning ability.
Wrongful Death: When a brain injury is fatal, the victims’ family may be able to file a wrongful death lawsuit. In these cases, the family can pursue compensation for any financial damages, such as funeral costs or lost wages, resulting from their loved one’s death. Members of the family may also be able to file a lawsuit for the unique losses they face, including pain and suffering and loss of companionship.
If you or a loved one has suffered from a brain injury, our attorneys office can help you understand your legal options and file a lawsuit to receive compensation for your losses. To find out if we can assist with your brain injury claim, fill out our free, no obligation case review form. The statute of limitations only allows potential claimants file a claim within a certain period of time, so do not hesitate to contact our office for your free consultation.