A brain injury is defined as any injury sustained to the brain, resulting in internal damage. Brain injury may be caused by mechanical injury, such as a blow to the head, or by infection or virus.
Brain injuries can range from very mild to severe. The effects of a brain injury can sometimes last indefinitely, or they can recur periodically. Brain injury may result in the following:
- Loss of motor functions
- Impairment with regards to attention, cognition, language, and memory
- Difficulty in performing physical tasks
- Neurological, psychological, and emotional disorders
The term brain injury also includes other conditions such as brain damage, brain trauma or traumatic head injury. However, brain injuries generally do not include Alzheimer’s disease, alcohol-related effects or infirmities due to the normal aging process.
What Causes Brain Injuries?
A brain injury can result from many different factors. The cause of a brain injury generally determines what type of legal claim you have. If a brain injury was due to the negligence of another, you may be able to file a personal injury claim against the negligent party.
Some common causes of brain injuries include:
- Medical malpractice – A health care professional can be held liable if their breach of medical care standards causes a brain injury For example, defective surgical procedures and errors in prescribing medication can lead to a brain injury.
- Slip and fall – A slip and fall can cause serious injury to the brain, head, neck and spinal cord. Owners of premises may be held liable if they do not correct dangerous conditions on their property.
- Car accidents – Motor vehicle accidents are a leading cause of brain injuries. This is especially true for motorcycles.
- Products liability – Defective products can cause brain injury, especially those products that are ingested or those products that involve hazardous substances.
One of the main difficulties in proving a brain injury claim is that the effects of the injury may not appear until a long time after the incident, sometime several years. This is especially true of traumatic brain injury (TBI), which are injuries that are caused by a blow to the head.
It is very important to properly document any injuries soon after they occur. It helps to make a written account of what happened and to keep all medical receipts and reports. Be sure to list important dates, witnesses, and contact information. Your brain injury attorney can assist you in collecting all the necessary documentation to help prove your case.
What Compensation Can I Receive for a Brain Injury Claim?
The defendant may be required to compensate the victim for:
- medical expenses
- lost wages
- loss of earning capacity
- pain and suffering
Recovery for brain injuries is usually pretty comprehensive, provided that you can prove negligence on the part of the defendant.
Brain Injury Attorney in Phoenix
At Witson Law, we offer free personal injury consultations to answer questions about your brain injury claim and discuss your legal options. In your initial consultation, we will take whatever time is necessary to listen to you and the facts of the accident that led to a brain injury at no charge to you. We offer all our personal injury services on a contingency fee basis. This means you pay no out of pocket expenses, and you don’t need to pay us anything unless we win your case. Schedule your free consultation with a experienced Phoenix brain injury attorney now – (602) 358-8686.