Traumatic Brain Injury Lawsuits

More than 50,000 people die of Traumatic brain injuries in the United States each year, and those who survive often struggle with serious, permanent brain damage that can adversely affect their lives. *Some 5.3 million Americans who have suffered traumatic brain injury need help performing daily activities, according to the Centers for Disease Control and Prevention (CDC).

In addition to physical and emotional pain, traumatic brain injury patients can expect financial burdens as they struggle to pay expensive medical bills and rehabilitation costs. When a traumatic brain injury is caused by an unsafe product, a dangerous environment or the negligence of another person, victims and their families may be entitled to compensation.

Causes of Traumatic Brain Injury

Falls are the primary cause of traumatic brain injuries. Elderly people and children between the ages of 0 and 4 are especially susceptible to brain injury from falls because they have more difficulty recovering from injuries. Elderly people who live in understaffed or otherwise negligent nursing homes are particularly vulnerable because of insufficient supervision and care. However, anyone who suffers a blow to the head as a result of a fall can sustain a head injury, regardless of age. Walkway obstructions, uneven or slippery surfaces and other unsafe conditions all put people at risk for traumatic brain injury.

Motor vehicle accidents are another leading cause of traumatic brain injuries. Drivers under the influence of drugs or alcohol often cause tragic traffic accidents, injuring other drivers, passengers and pedestrians. In addition, defective automotive safety features (airbags, seatbelts, child seats, etc.) can fail to protect passengers from injury. When a negligent action or defective product is found to be the cause of a traumatic brain injury, victims may be able to receive compensation from the driver or manufacturer responsible for their pain and suffering.

A number of other negligent actions and unsafe conditions can cause traumatic brain injury, including:

  • Construction accidents
  • Defective products, including helmets, airbags, etc.
  • Falling items
  • Wet or slippery floors
  • Unsafe playgrounds
  • Work-related accidents

Cost of Traumatic Brain Injury

Traumatic brain injury victims often require expensive medical care and rehabilitation. While insurance may cover some of the costs, some victims are forced to pay for physical therapy or rehabilitation. Medical bills can be exorbitantly expensive, creating a tremendous amount of stress for traumatic brain injury victims and their families.

Traumatic brain injury and ongoing care costs around $60 billion annually in the United States, according to data from the CDC.

In addition to medical costs, victims of traumatic brain injury often find they are unable to return to work because of their physical condition. In some instances, victims never return to work, causing them to lose their ability to earn income permanently. The combination of lost income, medical bills and other expenses can all add up to a very stressful financial situation.

Traumatic Brain Injury Lawsuits

Traumatic brain injury victims and their families may be entitled to compensation if their injuries were caused by the negligence of a person or company. Many traumatic brain injury victims review their cases with a highly skilled lawyer before filing a claim against the negligent party.

Traumatic brain injury lawyers attempt to determine the cause of the injury, the extent of the damages and the financial burden caused by the injury. Victims are eligible to file a lawsuit if the lawyers conclude that:

  • The incident was caused by a negligent party.
  • The incident caused harm to the potential plaintiff.
  • The victim is entitled to be compensated.

Victims who file lawsuits may be awarded compensation for reimbursement of medical bills, lost wages, and pain and suffering caused by the injury.

If you or a loved one has suffered a traumatic brain injury, you should consider consulting with a traumatic brain injury attorney to evaluate your case. Receiving compensation may relieve you and your family of the financial burdens caused by the injury and help you cope with its devastating effects.

*Centers for Disease Control and Prevention.

[Last revision: November 10, 2010]

Back to top