This blog is the second installment in our two-part blog posts that answers some frequently asked questions about brain injury lawsuits. If you or a loved one is injured in a motor vehicle collision or another type of accident, the medical costs and permanent physical and mental effects can be devastating. While a Mississippi personal injury lawsuit might provide an avenue to obtain necessary monetary recovery, this blog discusses some key issues unique to legal claims involving traumatic brain injuries (TBIs).
What types of legal claims can I bring if I experience a brain injury?
The precise legal theories available in a traumatic brain injury case will depend on the specific facts and circumstances that led to the injury. If you are injured in a motor vehicle accident, potential claims also will depend on the responsible party. While the other driver might be liable for negligent operation of a motor vehicle, the vehicle manufacturer might be liable under a product liability theory if defective airbags fail to deploy or deploy too aggressively. Further, a public entity might even be liable for negligence in the design, construction, or maintenance of the roadway.
When you are injured on the property of another during a dog attack or a fall on a broken step, you might pursue a premises liability claim against the property owner or party in possession of the premises. As with a motor vehicle accident claim, multiple parties can be responsible for injuries caused by negligent, security, a slip and fall, or dog attack.
Some brain injuries occur because of sub-standard medical care like a birth injury, undiagnosed brain tumor, or anesthesia error during a surgical procedure. When a physician, nurse, technician, or hospital fails to provide medical care that complies with the requisite standard of care, health care professionals and facilities can be liable for committing medical malpractice.
Finally, some brain injuries occur because of intentional physical acts of violence. The perpetrator of acts of violence can be liable for a TBI resulting from a criminal act of violence. Further, property owners who fail to implement proper security measures also might be liable for this type of injury depending on the specific circumstances.
Why do I need an experienced Mississippi brain injury lawyer to handle my accident claim?
Whether you were injured in a rear-ender, motorcycle crash, or fall on a wet grocery store floor, the expense and intricacy involved in pursuing a traumatic brain injury claim make it important you work with an attorney experienced in handling this type of injury claim. Many brain injuries are not obvious, so they are overlooked even by medical professionals. If your Mississippi personal injury lawyer does not have experience handling brain injury lawsuits, the case might be settled for an amount that is inadequate for your long-term needs.
For example, a motorist might be involved in a collision that does not involve significant vehicle damage. The injury victim also might not experience a loss of consciousness. While you might be suffering from erratic swings in your emotions, your physician might not be able to diagnose anything conclusive and release you from treatment. If the case is settled based on your medical bills and lost earnings before the appearance of more severe symptoms, you might suffer financial hardships if you are later forced to cut back your workload or stop working entirely. Our lawyers interview injury victims and their families, so we can identify problems that are not being addressed adequately by doctors. TBIs often cause less obvious signs of injury like mood swings, depression, anxiety, PTSD, impaired concentration, and a multitude of other issues. Consultation with a neuropsychiatrist or neuropsychologist can provide a way to diagnose these issues and ensure that all of the forms of mental injury you suffer are addressed by your monetary recovery.
When seeking to maximize compensation for brain injuries, your attorney must effectively communicate the impact of your injury on your daily life. Serious cognitive deficits might interfere with your ability to maintain your employment or necessitate supportive care. Further, brain injuries that impact emotional responses can cause an accident victim to be subject to emotional outbursts. These types of negative psychological effects can take an adverse toll on a victim’s relationship with his spouse and children. When brain injuries result in limits on movement or strength, an injury victim might need supportive devices like walkers, wheelchairs, canes, or other physical aids that impact brain injury victim’s quality of life.
If you have suffered a TBI in Jackson or the surrounding areas, our Mississippi Personal Injury Attorneys have successfully represented many victims of negligent or intentional misconduct. At Barrett Law, we are here to help. Contact our law firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.
