Brain injuries are defined as any accident that affects the brain and results in internal damage. A brain injury can be mechanical (such as a head impact) or biological (due to a viral or bacterial infection) ranging from mild to severe with effects that could be chronic and indefinite. A brain injury can result in the following:
* Motor impairment
* Deficits in memory, speech, cognition and attention
* Physical limitations
* Psychological, neurological and emotional disorders
Brain injuries can also include conditions such as traumatic head injuries and brain damage. However, the term does not typically include alcohol-related issues, Alzheimer’s disease, or age-related dementia.
Common Brain Injury Causes
Brain injuries can arise from a variety of causes, and the reason behind the injury can determine the nature of the legal claim to be filed. If a person sustained brain damage due to another person’s actions, they may be able to receive monetary damages. The most common brain injury causes include:
* Medical Malpractice: health care professionals may be liable if their failure to provide an acceptable standard of care caused brain injury to a patient. Failed surgeries and prescription errors are the most actionable causes here.
* The Rise-and-Fall: a sudden slip can cause severe injury to the spinal cord, neck, head and brain. Premises owners can be held responsible for failure to correct a dangerous condition.
* Dangerous Sports: some recreational activities are inherently dangerous. These claims typically involve negligence on the defendant’s part.
* Auto Accidents: vehicle collisions are one of the leading causes of severe brain injury, especially for motorcyclists.
Proving a Brain Injury
One of the hardest parts of documenting a brain injury is the fact that the injury’s effects may not appear until years after the initial incident. Because of this, it’s important to fully document injuries as soon as possible after they happen. The patient or their brain injury lawyer in Dallas should assemble a list of important dates, witnesses’ names and their contact information.
Remedies for Severe Brain Injuries
Monetary damages are the standard remedy in brain injury cases and they allow victims to recover from injury-related losses. If one suffers losses because of a brain injury, they should talk to a brain injury lawyer in Dallas right away. Van Wey, Metzler & Williams can represent the client in court and advise them on the proper approach to take.
