Civil Laws On Brain Injury

The brain is an essential organ, which runs the physical, social, emotional and intellectual parts of humans. Once injured even in the slightest manner, it would definitely affect one’s life. In fact, brain injury is the leading cause of death and disability for adults and children in the United States.

According to statistics from Center for Disease Control and Prevention, nearly 1.9 million Americans suffer from different types of brain injuries annually. The most common of them are traumatic brain injury and acquired brain injury.


• Traumatic Brain Injury (TBI) - is a result from damage to brain tissue caused by an external force or blow to the head which interrupts the brain’s normal function. Common causes of TBI are acts of violence, motor vehicle accidents, falls, electric shocks and recreational injuries. Traumatic brain injury is also the leading cause of death worldwide.

• Acquired Brain Injury (ABI) – is caused from damage to the brain that can be acquired from birth. It may also be the cause of tumors, toxins, strokes, hypoxia, anoxia, near drowning or degenerative diseases. ABI can also occur when an abrupt or sudden physical attack damages the brain.

Symptoms of Brain Injuries

Symptoms of brain injury includes impaired vision, inability to communicate well, inability to understand spoken or written words, mood changes, slurred speech, insomnia, incapability to do simple tasks, seizure, vomiting or paralysis of any part of the body.
If you feel any of the abovementioned symptoms, you should seek medical attention right away to prevent your injury from getting worse, and to lessen the costs of treatment. There are also some instances when symptoms are not apparent but are in danger already. Hence, an immediate medical attention should be given importance.

Causes of Brain Injuries

Brain injuries can occur in various circumstances. Based on studies, leading causes are falls 28%, motor vehicle accidents 20%, struck by or against events 19% and assaults 11%.
Commonly, these accidents are a result of someone else’s negligence. And if you unfortunately became a victim of an accident which caused you to suffer a brain injury, you should file a brain injury claim against the negligent party, to get compensation for damages. With this, you will need the assistance of an expert lawyer who specializes in brain injuries.

Brain Injury Lawyer on Torts

Primarily, a brain injury lawyer could help you in dealing with your brain injury claim. He will assist you in proving the liability of the other party through establishing the civil laws and torts governing the situation, particularly the third party negligence.
Tort cases are the most common kind of civil court cases. Tort is a wrong conduct, which includes cases of negligence, intentional wrongs and liability. Here, the victim is entitled to receive compensation for the injuries or damages he incurred from the accident. It can be through medical care, economic compensation or any other means.
Torts are not the same as contract. It does not involve a violation of any agreed upon course of action. Rather, torts involve the failure to act in a manner usually expected for any given situation.

Every tort case should be established in three things:

1. You must prove that the defendant-or the injuring party is bound by a legal duty to act in a certain way.

2. You must show that the defendant breached his legal duty by failing to act in a right manner.

3. You must establish that you suffered injuries and losses due to defendant’s failure to act in a right way.

By: Darren Agaton

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To help you pursue brain injury claims and other related issues, consult with our expert brain injury lawyers. Visit our website and avail of our free case assessment.

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