A brain injury is a catastrophic injury that can result from a wide range of events varying from motor vehicle accidents to assaults and falls. Brain injury can also be caused by other activities that do not necessarily involve the head being hit such as rapid acceleration or deceleration.
The following are 4 interesting facts to know about brain injury lawsuits.
Can be filled by an adult, minor, or spouse
Brain injury lawsuits are usually initiated by the plaintiff who accuses the defendant of being fully or partially responsible for the injury. Any person regardless of his or her age can sue and receive compensation if he or she believes that the defendant caused his or her brain injury directly or indirectly.
The spouse of the affected can also file for a brain injury lawsuit. The spouse can file the case on the grounds of consortium damages. These are the damages that cause loss to the society. It also covers for the comfort and care of the injured person. The injured person is often taken care of by his or her spouse, something that gives him or her grounds to file a lawsuit.
They can be settled out of court
In most cases, brain injury cases take a long time to conclude. The parties have to go through several channels so that the injury can be confirmed. It also takes a lot of time for all the parties to do their investigations and file their responses.
To avoid spending a lot of time in the court processes, some parties opt to settle the matters out of court. This helps them to minimize the amount of time the victim’s family has before receiving compensation.
Minor head injuries can cause long-term disabilities
Minor head injuries such as a whiplash or a concussion can cause serious problems later in life. It has been proved that most of the minor injuries that people often sustain can later cause emotional, intellectual, and memory issues. This usually manifests on old or ex-boxers who experience brain issues due to the blows they received a long time ago.
Brain damage and injury can occur even if the victim did not lose consciousness after the blow. A good example is Phineas Gage, a railway worker who survived after an iron bar went through his head. Interestingly, the rail worker was still able to converse with his fellow workers until emergency services arrived. Although he recovered, however, he developed mental issues later.
Brain injury results in many deaths and disability in US. In fact, almost 30 percent of all injury deaths in US are attributable to brain injury. It is essential, therefore, for the victims to take action quickly and file for a lawsuit.