There are many ways for people to sustain traumatic brain injuries (TBIs). Unlike many other types of traumatic injuries, TBIs often do not lead to a full recovery. Instead, those with moderate to severe TBIs are likely to have lifetime symptoms and ongoing medical expenses. A TBI can generate tens of thousands of dollars or more in long-term care costs. It can also limit an individual’s earning potential and affect their closest relationships.
Insurance coverage is often insufficient to appropriately offset the devastation caused by a brain injury. Yet, there are certain scenarios in which those who sustain TBIs can take legal action, including the three scenarios below. When another party is clearly at fault for a TBI, that party may be liable for the economic impact of the harm at issue.
Motor vehicle collisions
Car crashes are one of the most common causes of TBIs. There are many ways for a motor vehicle collision to cause a brain injury. Blunt force trauma, dramatic vehicle movement and even penetrating injuries can damage the brain. If the other driver was at fault, a lawsuit could help diminish the long-term economic harm generated by a collision-related TBI.
Slip-and-fall situations
Some brain injuries are the result of unsafe property conditions. Perhaps a business didn’t schedule enough workers. When a spill occurred, no one was there to attend to the issue. If unsafe property conditions or poor business practices directly contributed to a slip-and-fall scenario, the person who developed the TBI may have grounds for a premises liability lawsuit.
Violent physical assaults
Interpersonal violence is another leading cause of TBIs. Injuries caused by weapons sometimes cause damage to the brain. Even a physical fight could potentially cause a TBI. A blow to the head can be enough to cause inflammation of the brain or bleeding inside the skull. Someone who commits an act of physical violence against another person is theoretically responsible for any harm generated by their actions.
Those struggling with the aftermath of sustaining a traumatic brain injury may need help holding the right party accountable. Filing insurance claims or personal injury lawsuits can be beneficial for those who develop brain injuries because of the inappropriate behavior or negligence of others.