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The brain is as vulnerable as it is complex. As a result, it’s very easy to injure, and those injuries can vary wildly in severity. But even mild brain injuries can come with serious long-term repercussions, leading to quite a bit of medical expenses. If this brain injury was someone else’s fault, it shouldn’t be your responsibility to have to pay for it while also dealing with the ramifications of the injury.
Morgan & Morgan’s brain injury lawyers have seen great success securing compensation for brain injury victims and their loved ones. Laws pertaining to traumatic brain injuries can be especially specific and complicated, so having an attorney with the experiences and resources of a Morgan & Morgan attorney by your side can be extraordinarily helpful when you seek compensation for your injuries.
What Causes a Brain injury?
The brain is a particularly sensitive organ, and medical professionals are now realizing the impact this can have on injuries. The expected causes of brain injuries - direct hits to the head such as those in a car accident, construction accident, or sports injury - aren’t the only ways one can hurt themselves.
Because the brain is not rigidly connected to the skull, rapid acceleration, deceleration, or change in direction can cause movement, leading the brain to be thrown around the inside of your skull. This is referred to as a closed head injury. The Brain Injury Association of America listed falls as the leading cause of traumatic brain injury. That means a simple slip and fall somewhere puts you at greater risk than you realize.
While victims of severe TBI may suffer significant cognitive impairments, victims of less severe TBI can still experience the following:
- Memory loss;
- Difficulty with concentration;
- Personality changes; or
- Psychological symptoms.
Another great concern of TBI is that the symptoms are not always caught at first. CT scans can show some moderate-to-severe cases of TBI, but other tests are often needed to find more mild cases, causing it to linger without treatment.
What Can a Brain Injury Attorney Do For Me?
In order to file a valid brain injury lawsuit, you’ll have to prove that your injury was directly caused by someone else’s negligence. That takes an incredible amount of research, an amount you may not be able to do by yourself while also dealing with the effects of a brain injury.
Morgan & Morgan’s Boston attorneys are well-versed in personal injury lawsuits involving injuries to the brain. We tirelessly devote ourselves to your case and work with the relevant medical experts and professionals needed to build a compelling case that shows that someone else’s negligence and carelessness caused your plight. Your attorney will go to work to prove the four elements of a brain injury case:
- Duty of Care: Duty of care refers to a legal obligation to adhere to a certain standard or level of care. For example, property owners are legally obliged to maintain safe premises for visitors and workers.
- Breach of Duty: A breach of duty means that the at-fault party did not satisfy their duty of care, and thus acted negligently. For example, if the aforementioned property owner has a wet or hazardous area on their grounds and neglected to fix or warn guests about it, he may have breached his duty of care.
- Causation: The victim’s injury was a direct result of the defendant’s negligence.
- Damages: If the injured party does not sustain damages, they may not be eligible to file a claim. For example, if a guest slips on an icy surface, but does not incur economic or noneconomic losses as a result, he may not have a viable case against the property owner.
What Is My Case Worth?
Should we win your brain injury lawsuit, you could be entitled to compensation for the following damages:
- Medical Bills: Brain injury victims may be able to recover medical bills resulting from their injury including, but not limited to, future expenses, medication, doctors’ visits, rehabilitation, and physical and occupational therapy.
- Pain and Suffering: Brain injury victims can recover compensation for the long-term physical and emotional pain they face after the incident, for e.g. brain damage or amnesia.
- Lost Wages: TBI Victims can be reimbursed for their lost wages by filing a brain injury lawsuit. Victims may also be able to recover compensation if the incident impacts their future earning potential.
- Wrongful Death: When the victim of a brain injury doesn’t survive the incident, the victim’s spouse or child may be able to receive compensation by filing a wrongful death lawsuit against the negligent party. They could receive compensation for the financial damages related to their loved one’s death (e.g. funeral expenses, loss of wages, etc). The family can also seek compensation for the pain and suffering they face, loss of consortium, and other non-economic damages.
Contact Morgan & Morgan Today
If you are in the Boston area and are dealing with a brain injury to either you or a loved one, contact Morgan & Morgan. You could be owed more in compensation than you even realize. Fill out our review form for a free, no-obligation evaluation of your case.