If I’ve suffered a brain injury, what legal claim can I bring?

Following a traumatic brain injury (TBI), you may wish to file a lawsuit against the person you believe was responsible for your injury. However, you cannot simply file a generic claim for injury, as the law requires you to make specific legal claims when you file your case. The following are some of the most common legal claims you may be able to bring following a TBI.

Negligence

Many accidents that cause TBI occur due to the negligence of another party. When you claim “negligence,” you are claiming that another person or party had a duty of care toward you, that the party breached that duty, and that you suffered injury and losses as a result. Some accidents that can result from negligence can include:

Truck, car, and other traffic-related accidents;
Accidents caused by defective products;
Slips, trips, and falls due to hazardous conditions;
Workplace accidents;
Exposure to toxic substances; and
Sports injuries.

Medical Malpractice

Many traumatic brain injuries occur because of the negligence of a medical professional. When a doctor, nurse, or another medical professional acts negligently, the legal claim will be for “medical malpractice.” Doctors have a specific legal duty to provide treatment and care in line with the degree of care a reasonably competent doctor with the same training would have provided in the same situation. The claim is very specific and prevents every doctor from facing liability anytime they make a mistake. In order to prevail in a medical malpractice claim, it is highly important to have an attorney who understands this type of claim, which often arises from birth injuries, failure to diagnose a TBI, and other serious situations.

Intentional harm

Traumatic brain injuries are not always the result of a breach of duty or a mistake. Instead, many happen because another person intentionally caused harm. This can be the case in shootings, stabbings, or other assaults or acts of violence. In addition to criminal charges the responsible person may face, they can also face a legal claim from you in civil court for intentional harm. In this type of case, additional damages are often available called “punitive damages,” which are meant to punish the harmful behavior and deter similar acts in the future.

Find Out Your Legal Options From a Baltimore and Washington D.C. Brain Injury Attorney at The Casper Firm

The specific claims at issue in your traumatic brain injury case will depend on many different circumstances. It is crucial that you have an attorney handling your case who knows how to properly identify all of the potential legal claims in your case so that you can receive the maximum possible compensation. You should also ensure your attorney has particular experience in the type of claim that is relevant in your case, as many complex legal issues may arise. If you have sustained a traumatic brain injury and you believe you may have a legal claim, contact The Casper Firm for a free consultation as soon as possible.