Brain Injury Lawsuits

A brain injury can arise when the head sustains an impact or when a severe jolting motion disrupts normal brain function. Injuries of this nature can range in severity and are frequently classified as either penetrating head wounds or closed head injuries. Penetrating head wounds occur when an external object breaches the skull, while closed head injuries exist when there is no visible opening or fracture in the skull. Even so-called mild head traumas, such as concussions, sometimes can produce serious long-term effects if left untreated. In some cases, symptoms remain hidden for days or weeks after the initial impact.

Common Causes of Brain Injuries

Motor vehicle collisions frequently result in trauma to the head and neck area. These collisions may involve cars, motorcycles, or larger trucks on the roadway, and in each scenario, the abrupt force generated by vehicular impact can jar the brain against the skull. Slip and falls are another common source of harm, whether they take place on unsafe premises or in a workplace setting. Medical errors can also trigger brain injuries, including mistakes that occur in surgery, in diagnosing a condition, or while administering other procedures. In many such instances, the external signs of harm might be minimal, especially with closed head injuries where no open wound is visible.

Symptoms of Brain Injuries

Mild or severe traumatic brain injuries can present with physical and cognitive signs. Blurred vision, prolonged headaches, dizziness, and fatigue may develop. Concentration difficulties, short-term memory lapses, and mental fog are additional indicators of possible brain damage. Some people lose consciousness upon impact, while others remain alert despite experiencing evident trauma.

Legal Claims Based on Brain Injuries

Many brain injury lawsuits involve showing that another party’s failure to exercise proper care contributed to the harm suffered. Proving negligence in these situations generally requires evidence that the defendant had a responsibility to act with caution, breached that responsibility, and caused the injury as a result. In car accident cases, drivers might be held responsible if they were speeding or ignoring traffic signals. In medical malpractice claims, a doctor’s conduct might be evaluated against established standards of patient care. Multiple parties can share liability in certain cases.

Types of Compensation in Brain Injury Cases

Damages in these cases may consist of economic damages for relatively quantifiable costs and non-economic damages for more subjective harm. Economic damages can include compensation for past and future medical expenses, rehabilitation costs, and lost income and earning capacity. Non-economic damages may cover emotional distress, pain and suffering, and other negative effects on quality of life. In extreme cases, punitive damages also might be available to serve purposes of punishment and deterrence.

Last reviewed April 2025