Brain Injury: Pursuing a Legal Claim
Every year in America, there are approximately 1.7 million traumatic brain injury (TBI) related deaths, hospitalizations, and emergency department visits. You don't have to be traveling at a high rate of speed or to strike a hard object in order to suffer a TBI. Serious brain injuries can result from falls, car accidents, sports activities, and work-related accidents. Any kind of trauma to the head or neck region can cause the brain to bruise, bleed, tear, or swell.
If you or a loved one has suffered a brain injury as a result of an accident, and you believe that someone else may be at fault for what happened, you may be entitled to a legal remedy for the harm. Consulting an experienced personal injury attorney is the best way to protect your legal rights.
Should you decide to pursue a legal claim, your attorney may proceed under two distinct legal theories in order to prove that you were injured because of someone else's carelessness. Under a "negligence" theory of liability, your attorney will seek to prove that someone owed you a legal duty of reasonable care, failed to fulfill that duty, and caused you to suffer injury as a result. A negligence theory of liability is used most often when someone's action or inaction was the main cause the injury, as opposed to a product or piece of equipment. If a product caused the injury, you may wish to purse a claim under a product liability legal theory.