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Things You Need to Know Before Filing a Brain Injury Lawsuit

Legally Reviewed and Edited by: Terry Cochran

Brain injuries can be debilitating, both in the short- and long-term. When one happens to you or a loved one, you need to know what your options are going forward. Filing a brain injury lawsuit is an essential option to consider since brain injuries can cause high medical bills and impact your ability to work.

The prevalence of brain injuries continues to increase every year, resulting from various causes, including car crashes, slip and falls, sports, and workplace mishaps. While the severity of brain injuries can vary, all types require some level of medical attention and may also lead to financial hardship for you and your family.

Filing a brain injury lawsuit is one way to ensure you receive the compensation needed to pay those medical bills and keep your finances in order while you or your loved one is out of work. Before getting started, however, there are several things you need to know to prepare for what lies ahead.

What are Brain Injuries?

According to the CDC (Centers for Disease Control and Prevention), approximately 1.4 million people sustain traumatic brain injuries (TBIs) in the United States annually. A traumatic brain injury occurs when physical trauma to the head, such as a blow, bump, shake, or penetration disrupts the brain’s normal functions.

Brain injuries fall into classifications according to severity and type of injury, and this classification will factor into your personal injury lawsuit. The two main classifications are open head injuries and closed head injuries.

Open head injuries include those involving objects penetrating or breaking the skull, causing direct damage to the brain itself. Closed head injuries result from the brain bouncing against the insides of the skull. Such injuries include concussions, diffuse injuries, and bruising or bleeding of the brain.

The symptoms of a brain injury can begin immediately or take hours, days, or weeks to appear. Knowing what signs to look for will help identify your type of injury. Working with a personal injury attorney knowledgeable in brain injuries, like Eileen Kroll, ensures your case will be determined quickly. Eileen, a senior partner with Cochran, Kroll & Associates, P.C., combines her legal expertise with a medical background as an RN, bringing all the knowledge and skills together to represent her clients.

Brain Injury Lawsuit

What are the Most Common Causes of Brain Injury Lawsuits?

There are many causes of brain injuries that necessitate filing a lawsuit. These include:

  • Motor vehicle crashes: Car accidents and those involving trucks, motorcycles, and boats are common causes of traumatic brain injuries. Many factors may be involved, from speeding behavior of vehicles, highway and weather conditions, and distracted driving.
  • Slip and fall accidents: Slips and falls account for more than one million emergency room visits a year, many of them leading to traumatic brain injuries.
  • Work-related mishaps: Workplace accidents, such as on a construction worksite, often lead to a brain injury of some type.
  • Medical malpractice: The wrongful actions of medical personnel can also lead to brain injuries, including those incurred at birth.
  • Product liability: Injury can occur by using a product that is dangerous or defective. An example is the failure of an airbag to deploy during a crash.

What Types of Lawsuits are Involved?

With brain injury cases, your lawyer must gather evidence for a successful lawsuit. For this reason, you’ll need to be aware of and understand the legal basis for your particular case. This includes the legal theory on which your attorney will base your lawsuit.

The legal concept of negligence often appears in brain injury lawsuits, and it requires you to prove that another was negligent in their duty of care, causing you to sustain a brain injury. An experienced traumatic brain injury attorney at Cochran, Kroll & Associates, P.C., can help you understand the necessary legal concept, compile evidence for your case, and work to achieve a successful outcome.

You may need to consider other types of lawsuits depending on your circumstances. For example, if the injury occurred while being treated at a hospital, it involves medical malpractice. For those sustaining a brain injury because of a product, such as an airbag, your legal team may file a product liability lawsuit.

Each of these lawsuits requires specialized components and rules and potential representation in front of a judge or jury. Work closely with your attorney to determine which is best for your particular case.

What Types of Compensation Can You Receive?

  • Medical expenses: These include present and future medical care costs, treatments, doctor’s visits, rehabilitation, and long-term care needs.
  • Lost wages: These include lost wages during your treatment, and consider any diminished earning capacity if you cannot return to your job.
  • Pain and suffering: This compensation includes both physical and mental suffering.
  • Property damage: Often, brain injuries occur after vehicle accidents, which can also cause considerable damage to your car. You can include the costs of repair in your compensation request.

Your attorney may seek additional damages depending upon your circumstances and the type of lawsuit involved.

How Long Will You Have to File a Brain Injury Lawsuit?

If you or someone you know has sustained a brain injury, you should speak with an attorney as soon as possible. In Michigan, the statute of limitations for filing a lawsuit depends on the type of case it is.

In most instances, you will have three years from the date of the event that caused the brain injury. Consult with an attorney to confirm the time limitation for your particular brain injury claim to be sure to file in time to receive the compensation you need and deserve.

Contact Michigan’s Top Brain Injury Lawyers Today

A brain injury lawsuit involves complex legal and medical issues, so don’t trust your case to just anyone. Our dedicated personal injury lawyers will thoroughly review your claim, gather evidence and expert witnesses, negotiate with insurance companies, and work with you to achieve a successful compensation outcome. Call today, 866-MICH-LAW, for a free consultation. Our law firm never charges a fee unless we win a settlement in your case.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.

Emily is a writer and legal professional with experience as a law firm paralegal and non-profit legal administrator. Prior to her legal career, Emily earned her Bachelor's Degree in International Affairs and worked with a government consulting group out of Washington, D.C. Today she splits her time between the Florida coast and the North Carolina mountains.



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