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 established 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.

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.

In order 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. They will also compile evidence to prove the failure, such as creating 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. Although prior success cannot guarantee a future outcome, our attorneys’ ability to utilize expert witness testimony has led to many successful verdicts and settlements.

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 fact, motor vehicle crashes were the leading cause of traumatic brain injury-related hospitalizations for people aged 15 to 44 years old, according to the Centers for Disease Control.
• 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.

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 may 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 a brain injury, Morgan & Morgan can help you understand your legal options and may be able to help you file a lawsuit to receive compensation for your losses.

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, no obligation case evaluation.