Brain Injuries

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Brain Injury Lawsuits - An Overview

Brain injuries can significantly alter the lives of both the victim and their families.  These injuries are devastating on a number of different levels and often lead to life-long physical, emotional, mental and financial difficulties.  Getting proper medical care immediately after an accident is critical to the patient’s survival and future well-being. 

It is also critical that a brain injury survivor or a close family member seek legal advice as soon as possible after an accident.  A delay in contacting a qualified attorney could result in the loss of important evidence and diminish the value of any post-accident lawsuit. 

Experts, consultants and legal staff will need to use the time immediately following the accident to gather, protect and analyze crucial evidence, interview witnesses, and compile any available documents, records or photographs.  Other evidence, such as medical reports, bills, and employment records will also be assembled whenever they become available. 

Mistakes made at this early stage of the case by inexperienced or incompetent counsel can greatly diminish the value of the plaintiff’s claim and their ability to succeed in any subsequent litigation.  From the outset, therefore, the plaintiff’s choice of attorney will be very important to the outcome of the case.  An attorney with the right qualifications and financial resources will have the ability to act quickly and competently after the accident. 

If the brain injury was caused by another person’s negligence or defective product, a personal injury lawsuit can be filed seeking damages from those responsible.  If the victim dies as the result of their injuries, the family members of the deceased can file a wrongful death lawsuit seeking damages from the responsible parties. 

The facts and circumstances of the accident and injury will determine which legal theories and causes of action can be pursued.  Brain injury cases typically involve one or more claims of ordinary negligence, medical negligence, and / or products liability.  At their core, all personal injury and wrongful death lawsuits require that the plaintiff prove causation (i.e. how the injury or death was caused), legal liability on the part of the defendant(s), and the damages that the plaintiff suffered as a result of the defendant(s) actions or inactions.  

There may be several different potentially responsible parties in any given case.  Many severe brain injury cases will involve multiple defendants, each with a different role in causing the plaintiff’s injuries.  The claims asserted against each defendant will depend on how the injury occurred and the theory of liability being pursued against them.

In a severe brain injury case involving a car accident, for example, the plaintiff may assert a negligence claim against another driver, a products liability claim against the manufacturer of a defective seat belt, and a medical negligence claim against a doctor who failed to provide proper post-accident care.  It may also be necessary to pursue an insurance coverage or bad faith lawsuit against an insurance company that wrongfully delayed or denied coverage. 

Every brain injury lawsuit is unique and the evidence required to prove causation, liability and damages will be different in each case.  What can be said with certainty, however, is that brain injury lawsuits are very complex and expensive to pursue.  They will typically require extensive investigation, analysis and testimony from multiple experts in order to prove liability and establish the plaintiff’s past, present and future damages.  A variety of experts and medical professionals will also be needed to care for the immediate needs of the brain injury survivor, develop a comprehensive strategy for their long-term care (a “life plan”), and then deliver those necessary services in the future.  

It is very important to note that all personal injury and wrongful death lawsuits are subject to “statutes of limitation.”   Statutes of limitation are laws which limit the amount of time you have to file a lawsuit.  If the applicable deadline is missed, your right to recovery will be lost forever.  

If you engage The Brady Law Group to represent you, we will guide you through time period that follows an accident and make sure that your rights, and the value of your claim, are protected.  Because of our extensive trial experience and financial resources, we have the rare ability to prosecute complex catastrophic injury and wrongful death cases involving multiple claims of negligence, products liability, and medical malpractice, while simultaneously pursuing an insurance coverage or bad faith action for the client.  Our office can also help you or your family locate the right physicians and get the first-class medical attention you need and deserve. 

If you would like more information about our practice, or if you want to discuss the facts of our case with one of our experienced California trial attorneys, please feel free to contact The Brady Law Group by phone or email today. 

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