Brain Injury Litigation

A brain injury lawsuit is a way for brain injury victims to receive financial compensation. The victim has the right to bring forward a claim if the harm resulted from another’s negligent action. The claim is the forum for the victim to prove their case and demand compensation. A successful brain injury lawsuit results in financial compensation to the victim for various losses, including medical bills and future care needs. If you find yourself in this situation, the Elite Litigation Group is ready to help you rebuild your life. We are solely focused on assisting families to work through complex issues and decisions through the legal process. We fight to get you the relief you need to support you and your family after a brain injury.

If you or a loved one has suffered a brain injury, contact Bachus & Schanker today for a free case consultation.

Why Choose the Elite Litigation Group for Your Traumatic Brain Injury Lawsuit?

The sudden and unexpected death of a family member or suddenly being confronted with catastrophic injuries such as traumatic brain injuries can change life in an instant and raises many important questions about what has happened and about what to do next.

Our Elite Litigation Group will take immediate action to get real answers for your family about what happened to your loved one. We mobilize experts to secure and preserve important evidence and initiate an independent investigation on your behalf. At the same time, our Elite Litigation Group will serve as a resource and anchor for your family advising you about your constitutional rights as a crime victim and about the various government, insurance, financial and community resources that may be available to your family based upon the individualized needs and specific circumstances. Our team will help your family navigate all aspects of a sudden loss or catastrophic injury and will serve as very powerful advocates for your rights every step of the way!

Consultation is free, there’s no hourly fees or upfront expenses.

What Is A Brain Injury Lawsuit?

A brain injury lawsuit is a way for victims of a brain injury to receive financial compensation after the accident. An experienced brain injury attorney can fight for monetary compensation for the victim to cover various losses, including medical bills and future care needs stemming from their brain injury.

What Are Common Causes Of Brain Injuries? 

Since there are many different causes of brain injuries, it is important to understand what to look for in brain injury symptoms so you can ensure you seek proper medical help as soon as possible. Failing to recognize and treat a brain injury in a timely manner can lead to further damage than had the brain injury been treated sooner. 

While there are plenty of different causes of brain injuries, some of the most common causes of brain injuries include: 

• Car accidents
• Bike accidents
• Pedestrian accidents
• Sport accidents
• Assault and battery
• Slip-and-fall incidents

Regardless of how the brain injury was caused, it is essential to seek medical attention as soon as possible. Brain injuries can be very difficult to recover from, so whether it is a minor concussion or a traumatic brain injury, it is necessary to be monitored by a licensed medical professional. 

Once you have established medical care for your head injury, be sure to seek legal representation as soon as you are capable of doing so. We understand the severity and complexity that come with a brain injury lawsuit and are eager to provide our experience and expertise while allowing you to focus on recovering from your brain injury. 

What Compensation Can Be Recovered In A Brain Injury Lawsuit? 

As with any personal injury lawsuit, the plaintiff can recover damages for their brain injury claims. The two main categories of damages in a personal injury lawsuit are economic and non-economic damages.

Economic Damages

Economic damages consist of any type of monetary recovery to which the plaintiff is entitled for their injuries. When determining what your economic damages may be, your attorney will consider all of the expenses that are involved in your specific case, including both past expenses and future expenses. 

While there are plenty of different types of economic damages, the most commonly sought-after economic damages in a brain injury claim include: 

• Emergency care/urgent care expenses
• Medical devices, mobility devices, home modifications
• Diagnostic testing including but not limited to X-rays, scans, imaging
• Future medical care 
• Prescription medications and laboratory work
• Past medical bills prior to filing the claim
• Therapeutic care including but not limited to physical therapy, cognitive therapy, and occupational therapy
• Lost wages in the short and long term

Non-Economic Damages

Non-economic damages are essentially self-explanatory based on their name, as they compensate accident victims for any damages sustained that cannot be measured by a monetary value. However, based on the broad scope of the concept and the lack of actual monetary value, non-economic damages are understandably more difficult to calculate. 

In order to best calculate your non-economic damages for your brain injury lawsuit, it’s essential to be as open and honest as possible with your brain injury attorney so we can understand the full extent of the non-economic damages you have incurred. 

Some of the most commonly sought-after non-economic damages in a brain injury lawsuit include: 

• Pain and suffering
• Loss of enjoyment in life
• Loss of consortium
• Mental anguish
• Physical impairment
• Disfigurement

While the specific damages available vary from lawsuit to lawsuit, after a free consultation with a member of our brain injury lawsuit team, we can give you an idea of the damages that will likely be available to you. 

Schedule a free consultation with our experienced brain injury legal team today. 

How To Prove A Brain Injury Lawsuit

While plenty of aspects must be considered when pursuing a brain injury lawsuit, the most important thing to understand is that establishing negligence is essential to any successful claim. 

Like any personal injury lawsuit, the plaintiff in a brain injury lawsuit must be able to prove that the defendant was negligent and that the negligence was the cause of the injury. To establish that the defendant was negligent, you must be able to satisfy the four elements of negligence, which include: 

1. Duty: Under this first element, the plaintiff must be able to show that the defendant owed the plaintiff a duty
2. Breach of duty: With this second element, the plaintiff must be able to demonstrate that the defendant breached this duty
3. Causation: After establishing that the defendant breached the duty they owed to the plaintiff, the plaintiff must demonstrate that, but not for the defendant’s breach, the plaintiff would not have suffered any damages
4. Damages: Lastly, the plaintiff must be able to show that they suffered measurable damages as a result of their injuries

Our experienced brain injury attorneys will be able to analyze the facts of your case to help you determine whether you can satisfy the elements of negligence. Should you be able to prove these elements on your behalf, you will likely be successful in seeking compensation for your brain injury claim. 

Meet Our Legal Experts

We know what happened to you is unimaginable. Our only goal is to help you and your family on this painful journey and fight for your rights. When you need skilled, experienced, and compassionate representation, the catastrophic injury lawyers at Bachus & Schanker are here for you. With years of experience and multiple office locations serving nationwide, our personal injury attorneys are ready to serve you and fight for the compensation you deserve.

Sources: 

Brain Injury Lawsuits.

General Damages Definition.

Negligence Definition.

Special Damages Definition.