Who is Liable for Your Brain Injury?

According to the Centers for Disease Control and Prevention (CDC),1 an estimated 2.5 million people sought treatment in emergency departments for traumatic brain injuries (TBIs). About 280,000 of those patients required hospitalization for surgery, monitoring, intensive care, or other forms of significant treatment and, tragically, about 50,000 did not survive their injuries.

Brain injuries can leave victims with thousands of dollars in medical bills, as well as substantial lost income if they must take time off from work during their recovery. TBI recovery usually requires both mental and physical rest and, in addition, many victims have their cognitive abilities impaired for a period of time. Because of these serious effects of TBI, victims often experience extensive losses and it is only natural to wonder whether anyone else can be held liable for your injury-related losses.

Fortunately, Florida law allows injured victims to seek compensation for their losses from individuals or parties that contributed to or caused their accident or incident. The party or parties that can be held responsible will depend on the type of accident that resulted in your brain injury and who was negligent in causing that accident to happen. The following are only some examples of parties that can be liable in brain injury cases.

Proving Negligence

Negligence2 is a legal term that refers to failing to abide by a particular duty that a party has in a certain situation. For instance, a driver has a duty to operate their car in a manner that is reasonably safe and that will not cause harm to others. If a driver fails to use reasonable care and makes a dangerous error or decision, they can be found negligent. Many different parties can be negligent in many different situations that can result in brain injuries, including the following:

  • Drivers – Auto accidents are a leading cause of brain injuries as motorists often suffer head trauma due to the impact of the collision. Drivers can be negligent in many ways including drunk driving, distracted driving, aggressive driving, failing to follow traffic laws or signals, driving while fatigued, and more. In addition, drivers can be held liable if they hit you while you were riding a bicycle or if you were a pedestrian and suffered a brain injury.
  • Property or business owners – Property owners have the duty to keep their property in safe condition for customers or visitors. When they allow certain hazards to exist, patrons can slip and fall, fall down stairs, or get hit by falling objects. All of these accidents can often result in a traumatic brain injury and, in such cases, the property owner should be held liable for their negligence upkeep of their premises.
  • Medical professionals – One common cause of brain injury is medical errors and, when a doctor’s error rises to the level of negligence, you can file a claim for medical malpractice. Doctors can cause brain injuries due to surgical errors that result in a deprivation of oxygen, birth injuries, medication errors, or failure to diagnose a condition that can lead to a heart attack, stroke, or another medical event that can affect the blood and oxygen supply to the brain.
  • Product manufacturers – As consumers, we use thousands of products in our lives. From appliances to vehicles to child products and more, all of these products have the potential to cause injury if they are defective and malfunction. Many product defects can result in accidents that cause head trauma and brain injuries. In this situation, the manufacturer of the defective product may be held liable.

 

Discuss Your Situation with an Experienced New Port Richey Brain Injury Lawyer Today

At the Dolman Law Group, we will use all of our resources and do everything in our power to identify any potentially liable parties who may be held responsible for your losses. We have the skill and ability to take on individuals, as well as corporations, medical professionals, or government entities depending on the circumstances of your case. We understand how much a traumatic brain injury can affect many parts of your life and the many losses you may incur as a result. We always fight for the rights of our injured clients and we will evaluate your case at no cost. Please call our brain injury attorneys at our office at (727) 853-6275 today.

Dolman Law Group
5435 Main Street
New Port Richey, FL 34652
(727) 853-6275

https://www.dolmanlaw.com/legal-services/brain-injury-attorneys/

1http://www.cdc.gov/traumaticbraininjury/get_the_facts.html

2https://www.law.cornell.edu/wex/negligence

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