Your brain is your body’s governing control and command center. Injury to the brain could cause a variety of serious symptoms from physical ailments, like pain to psychological symptoms, like difficulty concentrating or depression. Due to the fact that such a high percentage of brain injuries result in serious injury or death, lawsuit damages are usually very frequent.
Causes of Action
A cause of action is a collection of facts that enables you to bring a claim against somebody, meaning you demand a settlement from them or file a lawsuit. Based on how you were hurt, you might declare one of the below-listed causes of action:
A typical example of an ordinary negligence claim is a claim against somebody for causing a car crash in which you were injured because the other driver was texting. The offender’s behavior has to have been negligent, and this negligence has to have served as the primary cause of your brain injury.
Medical malpractice takes place when a medical professional, ordinarily a doctor, treats or diagnoses you in an inadequate manner, thereby resulting in death or injury. Suppose, for instance, that a neurosurgeon botches your surgery and ends up causing you brain damage. This could establish medical negligence, as could failing to accurately diagnose a medical condition, that led to a stroke due to the misdiagnosis.
Imagine there is a wet surface or a spill in a mall that causes you to slip and fall, and suffer brain damage. Because the store was open to the public, you may be able to win a lawsuit filed against the property owner by alleging that he neglected to keep his premises safe for customers.
Brain damage could also result from the use of a dangerous product like malfunctioning brakes or a defective drug. When this occurs, you may file a product liability claim against the distributor or manufacturer of the defective product. In the majority of cases, you might win damages without even establishing that the defendant was at fault. In the majority of these cases, you are only required to prove that the product was faulty and unnecessarily dangerous and that you were harmed as a result of this defect.
What happens if the victim of one of these causes of action dies? In that situation, a wrongful death lawsuit, as opposed to a personal injury lawsuit, would be more appropriate. A wrongful death lawsuit can only be filed by the court-appointed administrator of the victim’s probate estate. Any money awarded would go to the estate itself. Damages are able to be awarded for:
- Hospital bills
- Burial and funeral expenses
- Lost earning potential
- Pain and suffering prior to death
- Loss of the ability to enjoy life
A court may even award double or triple damages if the death was brought on by a car accident and the defendant caused the accident, to any degree, by driving with a clear disregard for traffic laws. The main difficulty with these lawsuits is that most drivers do not have enough insurance to be able to pay such a huge compensation.
Insurance companies are businesses first and foremost. That means that they are there to turn a profit and the main way in which they do so is by taking in as many premiums as possible and paying out on claims as little as possible. You will be dealing with an experienced adjuster whose job is to do just that. If you want the best possible outcome for your case, you need an attorney on your side who is experienced in these types of cases.
If you have been injured due to another person’s carelessness, negligence, or maliciousness, you need to contact a personal injury attorney as soon as you can. Here at Moynahan Law Firm, our attorneys are prepared to respond aggressively to your claim and to see to it that you get the full amount that you deserve for your damages. If you would like to discuss your personal injury case with one of our experienced attorneys, then please reach out to us at (203) 597-6364 today.