What You Need to Know about Brain Injury Lawsuits

Categories: Personal Injury

head and brain injury

Brain injury lawsuits are incredibly stressful not only for the person suffering from that injury, but their loved ones as well. The lawsuit you will use to receive compensation depends on the type of accident leading up to the injury itself. To succeed, it often requires a team of attorneys, medical professionals, and other experts to convince the courts you deserve compensation.

A brain injury itself is complex, because medical professionals cannot always say with certainty how a patient will recover. Sometimes, a person may fully recover when they were thought to suffer deficits, while other times, a brain injury affects a person more severely than medical experts initially thought. Understanding the uniqueness of the injury, outcome, and the legal aspects of these types of cases is critical.

4 Important Things to Know about a Brain Injury Lawsuit – and How It Might Affect You

The best thing you can do in a brain injury case is to speak with an attorney. While you are waiting for your consultation, review these four facts about a brain injury case and how it may impact the compensation you receive.

Brain Injury Lawsuits Vary in Types

A brain injury lawsuit is not an actual brain injury lawsuit. Instead, the type of lawsuit is based on the type of injury that caused the brain injury. For example, a motor vehicle accident that was the fault of the other driver would be a personal injury lawsuit. If the victim passes away because of his or her brain injury, then it would become a wrongful death lawsuit. If, however, it was faulty manufacturing that caused the vehicle accident, which then led to a victim with a brain injury, it would become a product liability lawsuit.

As you can see, the way the brain injury occurs plays a heavy role in the type of lawsuit used to recover compensation. Some common types of lawsuits used when recovering compensation for brain injuries include:

  • Medical Malpractice
  • Product Liability
  • Personal Injury
  • Wrongful Death

A qualified injury attorney can help determine which type of lawsuit applies to your brain injury case. They may review all of the facts surrounding the accident, your medical records, the possible at-fault parties, and then determine the best type of lawsuit based on that evidence.

Brain Injury Cases Often Include a Battery of “Experts”

Injury cases involving the brain often focus around multiple experts. You need these experts to prove your case and win the compensation you need. The experts you will have depend on the cause of your injury and the evidence available.

All brain injury cases, however, have medical experts. You need a medical professional to testify about:

  • How serious your brain injury is. A medical expert must testify about the type of brain injury you sustained and the severity of that injury. They may go over the treatment received at the time of your injury, why that course of treatment was required, and how it impacted your emotional, mental, and physical well-being.
  • How long your brain injury will affect you. Only a genuine medical expert can testify about how a brain injury will impact you the rest of your life. They may go over the permanence of the injury, why it is permanent, and what that means for you. For example, you may be unable to return to work because of your brain injury, and you will rely on long-term care. The medical expert may discuss the area of your brain that was damaged and how that injury resulted in the need for long-term medical care.

Other experts may be called, depending on the type of injury and accident. Examples would be manufacturing experts to testify about a product defect, or car accident reconstruction specialists to show how a vehicle accident caused your injury.

Compensation Will Make You Financially Whole – but Can Only Do so Much

It is important to realize that the purpose of a lawsuit is to help you and your loved ones become financially whole again – but that may only do so much for you. After all, if you have long-term deficits from a brain injury, no dollar amount may feel adequate enough for being unable to live your life as you did before. However, the compensation will ensure that your medical costs are paid for, and you are not struggling financially for an injury you didn’t cause.

The Law Limits You to Two Years

You have only two years to file your lawsuit before the law bars you from seeking compensation.

Even if you have evidence proving someone was at fault for your brain injury, if you do not file that lawsuit within the two-year limit after the incident, you cannot seek compensation. This law is in place to protect individuals from being sued years later, and protects victims so that they have access to evidence and witness statements.

Did You or a Loved One Suffer a Serious Brain Injury? Speak with an Attorney

Speak with an attorney from Brett McCandlis Brown & Conner, PLLC, today about your loved one’s brain injury. Our team is here to advocate for your right to compensation. We have years of experience handling brain injury cases.

We understand how a brain injury can impact your loved one’s emotional, mental, and financial well-being. When you did not cause these traumatic injuries, why should you shoulder the burden? You need an advocate by your side ready to fight for your right to compensation. You want to focus on getting better or taking care of a loved one, and the last thing you need to deal with is attorneys, filing dates, court procedures, or even finding evidence to prove your case.

Let us help you get the compensation you need for medical costs, lost wages, and your family’s pain and suffering.

Get started by scheduling a free case evaluation with our team. You can call our office directly to schedule an appointment, or fill out an online contact form with your questions.

Author Photo

Matt Conner

Matt Conner has a proven track record of success. Following his graduation from Willamette University with a double major in mathematics and economics, Matt worked as an economist for the Office of Economic Analysis for the State of Oregon before moving onto working in mortgage banking and real estate.