Brain Injury Lawyer in Louisville
No other organ in the human body is as integral to our functioning as the brain: from involuntary functions like breathing and digesting, to complex problem-solving, from gross motor skills, to the formation of speech, from the interpretation of sensory input to personality, the brain is constantly active. When an injury to the brain occurs, consequences can be either short or long-term. In many cases, medical professionals can only advise that you wait and see.
Types of Brain Injuries
The most common type of brain injury is a concussion. Concussions occur when a sudden impact to the head causes the brain to move violently, slamming into the sides of the skull and causing bruising and swelling. Concussions often occur as workplace injuries (possible even when wearing a hardhat) or as the result of the sudden deceleration in a car accident. They are also common in sports such as football, particularly when proper precautions, such as ensuring age-appropriate padded helmets, are not taken.
On the other end of the spectrum from the concussion is a catastrophic injury to the brain, which permanently alters a person’s way of life. Traumatic brain injuries (or TBI’s) have a high risk of being catastrophic, simply because of the integral role that the brain plays in basic functioning.
In addition to TBI’s, which are injuries caused by violent impact or force, injuries to the brain can also result from other situations. Drowning or strangulation, for example, can deprive the brain of oxygen for an extended period, causing brain cells to die and have long-term implications for health and functioning. Neurodegenerative disorders also cause deterioration in brain function, but are rarely grounds for a personal injury lawsuit, unless the disorder’s progression can be attributed to a medical professional’s misdiagnosis or failure to recommend appropriate treatment.
Can I File a Personal Injury Claim?
The most important factors in determining grounds for any personal injury lawsuit are fault and negligence. “Fault” means that the injury must have been a direct result of someone else’s actions (or failure to act). In Kentucky, partial fault in causing an accident can impact the amount of compensation you can pursue. “Negligence” means that the entity in question failed to act in a way that a “reasonable person” could be expected to act under similar circumstances. So, even if someone’s actions resulted in your brain injury, they may not be legally responsible if their behavior was considered reasonable, rather than negligent.
If your case meets the legal criteria, then you should consider filing a personal injury lawsuit to recover damages to cover the extensive costs of treating and living with a brain injury. Medical care, including both immediate treatment and long-term care, can add up to hundreds of thousands of dollars in the first year alone. A TBI often negatively impacts the person’s ability to generate income through employment. Furthermore, TBI victims oftentimes also experience a significant loss in quality of life, as well as extensive pain and suffering.
Kaufman & Stigger, PLLC are here to help. To have a Louisville personal injury attorney assess your brain injury case, contact us at (800) 937-8443 and schedule a free consultation today.
- About Brain Injury - Brain Injury Association of America
- Health Topics - Traumatic Brain Injury - MedlinePlus
- Traumatic Brain Injury - Mayo Clinic
- Traumatic Brain Injury & Concussion
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