02 Aug The Parties That May Be Liable for Brain Injuries
A traumatic brain injury occurs when there is an impact on the brain from an external force, like a jolt to the head, or from an object puncturing the brain, like a piece of metal in a car crash.
Brain injuries can occur in any type of accident, like a car accident or at a workplace. The most common type of brain injury is a concussion, which results from a blow to the head and can happen in a variety of situations.
If you or anyone you know has been the victim of an accident, you may consider consulting a personal injury lawyer to file a claim for your injuries.
Brain injuries are classified into two types:
Penetrating injuries: Injuries that involve an object puncturing the skull and causing damage to the brain tissues as a result are classified as penetrating injuries. Example: a knife or a bullet piercing your skull.
Blunt injuries: When an object collides with your skull but doesn’t puncture it, it’s called a blunt injury. These injuries are more common than penetrating injuries. They can happen due to a fall or while playing a sport.
Symptoms
When a brain injury occurs, the blood vessels are ruptured or brain cells are damaged, affecting the normal functioning of the brain. The symptoms can vary depending on the severity of the injury and can result in physical issues like nausea or behavioral problems like aggressiveness.
Here is a list of some of the symptoms commonly associated with brain injuries:
- Headaches
- Dizziness
- Confusion
- Losing consciousness
- Trouble communicating
- Issues with sensory perception
Who is liable for brain injuries?
In the United States, citizens have a right to sue perpetrators for incidents of negligence under personal injury law. This law covers a wide range of scenarios and includes everything from car accidents to medical malpractice. Victims typically have the right to compensation for physical and emotional injuries sustained in an accident, which can include brain injuries.
The following section details common scenarios where brain injuries occur and who can be held liable for them:
At the workplace
Employers are responsible for providing a safe workplace so that workers are not injured on the job. If a worker is injured due to an employer’s negligence, the employer can be held responsible.
Here’s an example of workplace injuries: A construction site employer fails to provide safety helmets that meet government guidelines, and a worker is hit by falling debris. If the worker suffers from brain injuries due to this accident, the employer can be sued for negligence.
This is another example of employer negligence: The owner of a café refuses to clear up debris in the kitchen. This gets in the way of workers and causes one of them to fall and hurt their head. The owner can be sued for the worker’s injuries in this situation.
Due to a car accident
14% of traumatic brain injuries in the United States occur due to car accidents. A few brain injuries that can result from car accidents include:
- Concussions
- Edemas (brain swelling)
- Skull fractures
Typically, the party that caused the accident is sued for injuries. This could be the driver of another car or truck, a bicyclist who didn’t follow the rules, or, in rare cases, the car manufacturer.
For example, if the car had defects that led to the accident, like faulty airbags or brakes, the manufacturer can be sued for the resulting brain injuries.
From a fall
There is a law called premises liability, under which property owners can be held liable for injuries that occur on their property. Head injuries are the most common type of injury that people sustain from falls.
For example, if an elderly person visiting a mall slips because of water on the floor, the proprietors can be held responsible for the accident. Contusions are a type of brain injury that results from falls. Brain injuries can cause long-term damage to victims, such as PTSD.
Victims are entitled to compensation for any costs they bear due to brain injuries, which can include emotional suffering, medical costs, including doctor’s visits and surgeries, and any long-term consequences, like job loss or behavioral issues.
Conclusion
Brain injuries are more common than you think and can happen to anyone. They come with significant costs, which can be difficult for victims to bear. Knowing the consequences of brain injuries can help victims accurately estimate the costs and ensure they receive adequate medical treatment. Hiring a good lawyer can ensure that victims of brain injuries receive the compensation they need to handle such injuries.
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Last Updated on August 2, 2024 by Marie Benz MD FAAD