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What kind of claim can I file after a brain injury?

Posted in Our Blog,Traumatic Brain Injuries on May 12, 2016

There are many different types of brain injuries from which that Louisiana residents can suffer. Some are mild concussions that resolve themselves without any permanent or disabling effects. However, when the brain injury is more severe, it could leave the victim with lifelong disabilities – disabilities that are emotional, psychological and/or physical in nature. When disabilities are serious, a lot of costs will be associated with them, and many of those costs will be lifelong, due to lost ability to earn an income, therapy, in-home assistance and other medical expenses.

Louisiana residents who have suffered a serious and disabling brain injury can file a claim for damages if their brain injury was caused as a result of another party’s negligence, recklessness or unlawful behavior. The nature of the legal claim that the individual can file will largely depend on the circumstances that surround the brain injury. For example, if the brain injury was caused by a car accident, a slip and fall event, or intentional harm, the victim may have the ability to seek a personal injury or premises liability claim against the party whose behavior caused the accident.

Conversely, individuals who suffer brain injuries as a result of toxins, diseases or during birth, may have a viable claim for medical malpractice-related damages. In these cases, if a physician, hospital, medical facility, nurse or medical technician can be blamed for the condition that resulted in the brain injury, and that party failed to perform his or her duties according to the reasonable standard of medical care, then a medical malpractice claim might be warranted.

Dealing with a brain injury is not easy. Brain injury sufferers will also have massive medical bills and – depending on the severity of their conditions – may not be able to work and earn a living. As such, these individuals need as much financial help as they can get. Fortunately, if a personal injury or medical negligence action is successfully navigated on behalf of a brain injury victim, it could help the individual recover money to make financial ends meet.