Brain Damage Lawsuits: What to Expect

  • November 25, 2019 | Read Time: 2 Minutes

Brain injuries are some of the hardest for a person to recover from. Many brain injuries are caused by traumatic accidents such as car or truck accidents, slip and falls, or acts of violence.

After the accident, many victims struggle with the acts of everyday living, including feeding and bathing themselves.

If you have suffered a brain injury, you should consider whether to sue. Brain damage lawsuits help victims receive compensation for their injuries and can be a vital first step for taking back control of your life.

When Can You Bring Brain Damage Lawsuits?

You can sue for compensation if someone else is to blame for your brain injury. The legal basis is usually “negligence,” meaning a person injured you by not using reasonable care in light of the risk. However, if someone intentionally injured you, then you can sue for the battery. When brain injury claims are based on negligence, the Supreme Court has stated an injured person needs to prove the following:

  • The person they sue (the defendant) owed them a duty of care.
  • The defendant failed to follow the standard of care, called a “breach.”
  • The defendant’s conduct proximately caused the plaintiff’s injuries.
  • The plaintiff suffered damages that are legally recognizable, such as monetary loss because of the required medical care.

These are the four elements of every negligence claim, and you need to prove all four elements to win the case.

Brain Injury Compensation: What to Expect

The purpose of a civil suit is to provide compensation for your injuries. Our clients have sometimes qualified to receive money for the following:

  • The cost of medical care, including the past, present, and future medical care. Care can include surgery, hospital stays, rehabilitation, bloodwork, and other tests, prescription drugs, doctor visits, etc.
  • Past, present, and future lost wages. Brain injuries prevent many people from working or from returning to their former jobs.
  • Property damage. If you were involved in a car accident, then you can receive compensation for damage to your vehicle.
  • Pain and suffering. A brain injury does more than cost you money. Instead, it can radically reduce the quality of your life, which requires compensation.
  • Emotional distress. Many people with brain injuries suffer from mood swings, depression, and anxiety.

Every case is different, and it can be difficult to determine how much compensation you might receive. This is why it’s critical to meet with an attorney, who can go over the facts of your case to help you receive just compensation.

Hiring the Right Lawyer

Brain damage claims are complicated and require experienced legal counsel. As you try to recover from your injury, you can easily get overwhelmed by the amount of work it takes to bring a successful claim.

At Denver Trial Lawyers ®, we can build your claim from the ground up. We will carefully document all of your losses, including pain and suffering. We will also strive to prove that the defendant was negligent so that you receive money.

Speak to us today. Our team offers free consultation, which you can schedule by sending us an online message. Please avoid delays.