Traumatic brain injuries are unfortunately quite common in the United States. Every year, almost two million Americans suffer traumatic brain injuries (TBI). While some of these injuries are treatable, others can result in death. Traumatic brain injuries are serious injuries that can require lifelong medical care. If your child suffered a TBI as a result of the negligence of another person, your family is entitled to compensation.
How do TBIs Happen?
Traumatic brain injuries can result from an object penetrating the skull, a forceful blow to the head, or sudden acceleration and deceleration of the head – for example, whiplash. Common accidents that result in traumatic brain injuries include falls, automobile accidents, sports, and assault.
Most TBIs occur when people fall and hit their heads on a hard surface. In most cases, there is no one to blame but yourself if you fall and cause a TBI. However, a property owner can be liable. Slip-and-fall accidents in places such as restaurants, offices, or stores can result in a TBI, and in some cases, the store owner can be sued and restitution can be provided. Likewise, if your child falls as a result of a poorly manufactured or defective product, such as a chair or a bed, you can sue the manufacturer.
Motor Vehicle Accidents
In the case of motor vehicle accidents, TBIs can result from whiplash or a passenger hitting some part of the vehicle, such as a window, dashboard, or windshield. If someone else was responsible for the car accident, you can sue them for personal injury and get compensation for your losses. However, it is important that you are able to prove in court that the other person’s negligence directly caused your child’s injury. Automobile accidents are a common source for personal injury lawsuits, so if your child has suffered a TBI from a car accident, you will probably have a good chance of receiving compensation.
Sports activities can result in head-to-head contact, contact with the ground, or contact with an object (i.e. baseball, golf ball, softball, etc) that might cause a TBI. Manufacturers could be held liable for faulty gear or equipment, such as helmets that do not protect against contact. If this is the case, you can sue the manufacturer for damages under product liability laws. It is just as likely that a coach can be sued for careless supervising or instruction that resulted in a TBI.
If your child is assaulted by someone and it results in a TBI, that person will probably face criminal charges. However, you can also sue this person for money damages in civil court.
Traumatic brain injuries can be serious. If your child has suffered a TBI due to an accident of some kind, you might be able to sue the at-fault party and receive monetary compensation for medical bills and more. If your child is a victim of personal injury and someone else is at fault, you should contact a personal injury lawyer. This will make the lawsuit go smoothly and help you build the best case possible. If you have further questions, you can contact my office.