The National Brain Injury Association declares that more than 2,000,000 brain injuries occur every year in the country. Among the survivors, 75-100,000 people also die every year, and more than 50,000 people are admitted into hospitals for long-term care.
You may be wondering why we are boring you with these statistics, right?
Well, the answer is simple.
If the brain injury incidents are so severe and yet so frequent, has the government taken any measure to prevent these?
We don’t think so, but they may have helped the victims in filing for a brain injury lawsuit under the guidance of professional brain injury lawyers.
You may have understood by now that brain injury lawsuits possess some unique challenges that are not present in other personal injury claims.
Therefore, keep reading this article, and identify the brain injury lawsuits here.
Traumatic Brain Injury Lawsuits – An Overview
Traumatic brain injury is an umbrella term for brain injuries that can cause cognitive memory problems, coma, and death.
Depending on the severity and type of the trauma, a brain injury can have a long-lasting impact on people’s physical health, quality of life, eating habits, etc.
Typical cases of brain injury lawsuits include car accidents, trips, falls, workplace injuries, assaults, abuse, etc. It happens because the individual gets a sudden jolt, blow, or bump to the head that often leaves a long-lasting impact on the brain cells or the skull.
Although brain injury lawsuits fall under the category of personal injury claims, you may have to go through a few additional challenges to find a TBI lawsuit than other injury claims.
What Are The Challenges Of A Brain Injury Lawsuit?
Brain injury lawsuits are more challenging to handle because they don’t always show the apparent signs of the injury in the first instance. While this is one of the most significant challenges of brain injury lawsuits, it has more.
Let’s check them out.
1: Brain Injuries Are Difficult To Detect
The first symptoms of a brain injury are nausea, fatigue, and headaches, some of the most common symptoms of flu, viral fever, etc.
For that reason, an insurance company may find it hard to believe that the person has undergone a brain injury and may deny the insurance claim.
Thus, the biggest challenge becomes convincing the jury that the plaintiff has even had a trauma.
2: Victims May Not Establish Liability
Since the victim has undergone a brain injury, he may not remember everything correctly, which can cause the defendant to dismiss the plaintiff’s claims.
Even if the victim manages to describe the incident, people may not believe it. Thus, it will be difficult for the plaintiff to prove someone else to be liable for his accident.
Without solid proof of liability, the jury will automatically side with the defendant.
3: The Symptoms Are Not So Apparent
When a person undergoes a brain injury, its symptoms don’t always appear right away. Instead, they can appear days or weeks after the initial accident.
In that case, the insurance company may deny that the symptoms are not due to the brain injury.
Moreover, since the symptoms are not exclusive to brain injuries, it can also allow the insurance company to dismiss the claim on unauthorized grounds.
4: Long-Term Effects Of Brain Injury Are Difficult To Measure
The long-term ramifications of brain injury are difficult to quantify for medical professionals, so it’s natural that the attorney will have difficulty figuring out the settlement amount.
In personal injury cases, when someone is physically incapacitated, the employer compensates their financial wage.
However, in a brain injury case, the employer cannot decide how long that employee will get leave without pay. If the attorney asks for a settlement fee for a year, and if the victim’s condition worsens after a year, what will happen then?
This is why lawyers find a brain injury lawsuit extremely difficult to handle.
Wrapping It Up
Filing a brain injury lawsuit is one thing, and winning it to give your client a fair settlement offer is another. The lawyers will have to go through these earlier-mentioned challenges if they want to file a lawsuit, but they must come up with some counter-strategies to defend their clients’ wellbeing.
Since we have already mentioned the challenges, a counter-strategy should not be that difficult. However, if you have further queries, you can always ping us in the comment box below.