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Identifying Liability After a Brain Injury

| Dec 15, 2019 | Brain Injuries

Brain injuries are often very serious injuries that require critical and immediate medical attention. For the most part, medical treatment involving brain injuries can be costly because of the intricacy of the human brain. When a person suffers a brain injury because of the negligence of another, it may be possible to recover monetary compensation from the negligent wrongdoer to cover medical expenses. Regrettably, proving negligence is a very difficult task that can require extensive legal knowledge.

If you or someone you love suffered serious brain injury because of another’s negligence, it is critical to consider filing for a personal injury lawsuit. Depending on the details of each individual case, different liable parties can be held accountable for the injuries. Here, we will discuss multiple scenarios and identify those who may be held accountable for the brain injury.

Serious Brain Injuries and Car Accidents

When involved in an auto accident, one of the most common injuries a person may sustain is a traumatic brain injury. Upon collision, a person’s head can be hit against the side panels of the vehicle or against the front dash or the car’s steering wheel. It is extremely common to sustain a concussion after an auto accident because of the unexpected head jerking.

Auto accidents can hold multiple potential liable parties. Generally, the at-fault driver will be held accountable for the accident but it is also important to know that the following may be held accountable:

  • The party responsible for maintaining the safety of the road where the accident occurred;
  • The company responsible for maintaining the vehicle, which caused the accident;
  • The manufacturing company or designer of the vehicle that designed the defective auto part, which caused the accident;

Physical Assaults and Attacks Resulting in Injuries

Physical assaults, attacks, and fights are typical sources of traumatic brain injuries. When a person is struck in the head, or even pushed with enough force to cause a fall, the victim can sustain serious brain injuries.

Inflicting violent force is unlawful and the wrongdoer can be held accountable for the injuries he or she caused the victim. Depending on the facts of the case, if the assault occurred on another’s property, it may be possible to hold the property owner accountable for the accident. In these situations, common liable parties involved include the following:

  • Bar owners
  • Apartment complex building owner or manager
  • Parking garage owners

Slip, Trip, or Fall Accidents when Head Injuries Occur

Suffering a fall accident because of a slippery floor can result in serious head injuries. Stores, restaurants, and businesses have a duty to ensure that the floor in their premises is not wet or slippery. When there is a hazard on the ground, the owner has a duty to either fix the problem or warn visitors that the hazardous condition exists. Nonetheless, when an accident occurs, the property owner or management company can be held accountable for the injury.

Following a Serious Brain Injury, Speak to a Qualified Personal Injury Attorney

Brain injuries are medical ailments that should never be taken lightly, no matter how insignificant they may seem. Soon after a brain injury, it is important to seek medical attention in order to determine the extent of the injury and to prevent further injury. Medical treatments involving the brain can be very costly. If you or someone you know has sustained a serious brain injury because of another party, seek the legal support of a well-versed attorney who can take the case and assist in obtaining the maximum amount of compensation available.

The personal injury attorneys at Martinez & Schill, LLP have many years of experience handling serious brain injuries. Consider contacting the firm today for more information on filing a personal injury claim for a traumatic brain injury.