Legal & Regulatory

Can I Bring a Personal Injury Case for a Traumatic Brain Injury?

(Credit: Can I Bring a Personal Injury Case for a Traumatic Brain Injury?) Can I Bring a Personal Injury Case for a Traumatic Brain Injury?
August 25
4:42 PM 2020

Receiving a brain injury is extremely serious, and if it wasn't your fault, then you may not deserve to shoulder the expenses alone. However, personal injury cases are very complex. Not all of them can be won in court, and not all brain injuries will qualify in a personal injury case.

Does yours? Ask yourself these questions to find out.

1. Where Did You Receive Your Traumatic Brain Injury?

Different areas have different requirements for personal injury lawsuits. One of these requirements may revolve around how the state treats traumatic brain injuries. That means a different physical location may impact your ability to bring your injury to the court.

This is why it's so important to get a lawyer in the area you're bringing the case. A personal injury lawyer in Charleston will be able to help you with a Charleston case, but a personal injury lawyer in another city may not be able to help with that same case.

2. Did Someone Else Cause Your Traumatic Brain Injury?

The most obvious example of a traumatic brain injury that may fall into the area of personal injury lawsuits is when another person directly caused it. This may occur due to an assault or if someone accidentally injured you, like in a car accident.

If another person caused your traumatic brain injury directly, this is more than likely a personal injury lawsuit. If you can prove that the traumatic brain injury had a direct link with another person's actions, it will be easier for you to prove fault.

3. Was There a Legal Mandate for Another Person to Protect You?

Even if another person didn't directly injure you, that doesn't mean they're not liable for your injury. For example, when you're on a job site, your employer legally has to protect you from certain kinds of injuries to a certain extent.

If you can prove that someone did not do their due diligence in creating protective measures and that lack of responsibility contributed to your traumatic brain injury, it may be a personal injury lawsuit. However, understanding these legal mandates can be tricky, so you may want to talk to a lawyer first.

4. Did Your Traumatic Brain Injury Occur at Your Workplace?

Businesses are supposed to adhere to a strict standard of occupancy safety rules, but unfortunately, they don't always do so. Job-related injuries are actually relatively common, and if your job violated some of these laws, they may be liable for your injury.

In fact, OSHA has noted that fall protection in construction is the most-violated OSHA standard. These falls can easily lead to serious traumatic brain injury problems for the people who fall. If your company broke one of these rules, you may have a personal injury case on your hands.

Conclusion

There are many individual questions you may need to ask when you're considering whether to bring a traumatic brain injury as a personal injury lawsuit. Many traumatic brain injuries fall into the category of personal injury lawsuits, but it's important to talk to an attorney about the process before doing so.

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