Brain Injury:

Filing a Brain Injury Lawsuit

The leading cause of disability in young people, a traumatic brain injury can lead to behavioral, social, physical and learning impairments. If the brain injury was caused by the negligent or reckless behavior of another individual, the victim may be able to file a brain injury lawsuit to recover compensation for their injuries.

Causes of Traumatic Brain Injuries

The most common causes of traumatic brain injuries include:

  • Car accidents
  • Motorcycle collisions
  • Slip and falls
  • Sports accidents
  • Assault
  • Defective products
  • Work accidents
  • Medical malpractice, particularly birth injury

Statute of Limitations in Brain Injury Cases

Victims of traumatic brain injuries should be aware of the time frame in which they must file their claim. Each state has a separate statute of limitations that outlines how long an individual has to file a brain injury claim. Because this deadline is strictly enforced, victims should speak with a brain injury attorney immediately. Failure to file within the brain injury statute of limitations can prevent the victim from ever recovering compensation.

Brain Injury Damages

When a claim is filed within the statute of limitations, brain injury victims can recover monetary damages from the responsible parties. Depending on the details of the brain injury case, these victims may recover:

  • Medical expenses
  • Treatment and rehabilitation costs
  • Lost wages
  • Lessened earning capacity
  • Pain and suffering

When the victim is unable to file a brain injury lawsuit on their own behalf, a family member may do so for them. Likewise, in fatal brain injury cases, family members can file a wrongful death claim.

Brain Injury Lawyers

To have a successful brain injury lawsuit, your personal injury attorney must prove that you have suffered a brain injury; your injury was not pre-existing; and your brain injury was caused by the negligence, carelessness or recklessness of another individual or entity.

If you or a loved one suffered a traumatic brain injury, someone else may be responsible for your suffering. Fill out our free case evaluation form on the right to speak with a brain injury lawyer about holding this person or entity accountable. You may be eligible to recover damages for lost wages, medical expenses and pain and suffering.