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In general, if someone else’s negligence has caused a brain injury, an attorney can help you file a lawsuit against them. If you or a loved one has suffered a traumatic brain injury (TBI), the attorneys in Morgan & Morgan’s Nashville office can explain the legal options that may be available to you.
Negligence happens when a person or entity fails to exercise a certain level of caution when conducting a certain activity. If a motorist was driving drunk and caused an accident, or if your doctor failed to provide proper follow-up care and caused an injury, that would be negligence and you may have grounds for a lawsuit. While each case is different, a lawsuit could provide you with compensation for the damages you endured as a result of the accident (medical bills, lost wages, pain and suffering).
Our Nashville attorneys have years and years of experience helping clients and their families deal with the fallout of a brain injury.
Do I Have a Case?
Only an experienced attorney will be able to determine whether you have a case. In general, brain injury lawsuits allege that the victim’s injuries could have been avoided if it were not for another’s negligence. If the negligence of another person or entity was not the direct cause of the victim’s brain injury, it is unlikely that he or she will be able to file a lawsuit.
Morgan & Morgan’s Nashville office offers free consultations to help brain injury victims and their loved ones learn more about their legal rights following an accident. If you or a loved one has suffered a brain injury, contact us today for this free case review. Our team will review the details of your accident to help determine whether you have a case, and if so, what options you may have for recovering compensation.
Example of Negligence
A woman goes into labor and, after several hours, her doctor notices that the child’s heart rate is steadily decelerating, a common sign of hypoxia (a lack of oxygen in the brain). Rather than deliver the child via caesarian section, which any other reasonable doctor would have done under the circumstances, the doctor continues to deliver the child vaginally. Upon delivery, the doctor finds the mother’s umbilical cord wrapped around the child’s neck. The child is eventually diagnosed with cerebral palsy. In this case, the doctor could be considered negligent because he failed to order a standard surgery that could have prevented the birth injury.
How Can a Lawyer Help?
The lawyers in our Nashville office help victims and their families recover compensation for the life-long, debilitating effects of a brain injury. While most cases settle out of court, Morgan & Morgan is known for its trial lawyers. We are not hindered by the notion of going to court to get our clients the compensation they deserve.
Who Could I Sue?
This will depend on the type of accident that caused your brain injury. At Morgan & Morgan’s Nashville office, our attorneys handle lawsuits against:
- Motorists, truck drivers and trucking companies in motor vehicle accident cases
- Doctors, hospitals and nurses in cases alleging medical malpractice
- Property owners, managers and landlords in cases of negligently maintained premises and slip and falls
- Manufacturers in cases involving defective drugs or products
What’s Involved in Filing a Lawsuit?
Our lawyers will first need to gather evidence to prove that another person and/or entity acted negligently and that the victim’s brain injury directly resulted from this negligence. We may need to speak with witnesses who can provide insight on the circumstances surrounding your injury, as well as experts who can evaluate the at-fault party’s actions. For example, if you were injured during surgery, we may speak with other surgeons who can help us determine whether your doctor acted reasonably before, during and after the procedure.
Then, we may draft a complaint (a legal document outlining your injury, the cause of your injury, and why you believe the defendant is responsible for your losses), which marks the beginning of your lawsuit. In some cases, the person or entity you wish to sue may decide to offer a settlement to prevent you from filing a lawsuit or to avoid trial. Our lawyers can review any proposed settlements you receive to help ensure you are being properly compensated for your injuries. If you are unhappy with any of these offers, we may take your case to trial.
What Can I Collect in a Brain Injury Lawsuit?
You may be able to collect compensation for the following losses:
- Past and future medical bills
- In-home healthcare aides and other special household accommodations
- Loss of expected wages and/or earning capacity
- Pain and suffering
- Loss of consortium (loss of the benefits of a family relationship)
How Much Does a Lawyer Cost?
Our firm maintains the practice of only charging clients if they receive a considerable award or settlement. This fee is usually a percentage of your final award.
If you suffered a TBI and want to learn more about filing a lawsuit, do not hesitate to contact our Nashville office today. We are offering free consultations, at no cost and with no obligation.