Have you or a loved one suffered a severe head injury due to someone else’s negligence? Are you looking into the possibility of filing a liability claim for compensation?
A closed head injury is one of the most common types of brain injuries and can occur from even the slightest impact or blow to the head. It can result in physical, mental, and emotional damage, from paralysis to depression. This is why proving liability in a closed head injury lawsuit is so important.
When pursuing a case for compensatory damages related to closed head trauma, there are important steps you must take to prove liability. Going through this process can be difficult, so understanding your legal rights and obligations is essential before making any decisions.
In this article, we will discuss how to prove liability in a closed head injury case and explore other considerations you should keep in mind before filing your lawsuit.
Victim of a TBI?
Causes and Impact of a Closed Head Injury
A closed brain injury occurs when there is trauma to the head without an open wound or skull fracture. These types of head injuries can result from a variety of causes, including falls, car or motor vehicle accidents, sports injuries, and physical assault.
Falls
Falls are a common cause of closed head injuries, particularly among the elderly and young children. Falls from stairs, ladders, or heights can cause severe brain damage.
Car accidents
Car accidents are another leading cause of closed head injuries. The impact of a collision can cause the brain to strike the inside of the skull, resulting in a concussion or something more severe.
Sports injuries
High-impact sports such as contact sports, football, soccer, and boxing can also result in closed head injuries. Living with a TBI can be a life-long struggle, and victims lose the ability to enjoy activities that were once important to their daily lives.
Physical assault
Physical assault such as domestic violence, street fighting and assault, child abuse, and baby-shaken syndrome can also cause closed head trauma. This can result in long-term cognitive, emotional, and physical consequences for the victim.
Impact of a Closed Head Injury
The impact of a closed head injury can vary depending on the severity and location of the traumatic injury. Some common effects of closed head injuries include:
- Concussion: A mild form of traumatic brain injury that can result in common symptoms such as headaches, dizziness, and confusion.
- Post-concussion syndrome: Some people may experience ongoing symptoms of concussion, such as headaches, dizziness, and difficulty concentrating, for hours to days, weeks, or months after the initial injury.
- Contusion: A bruise on the brain that can cause symptoms such as headache, confusion, and loss of consciousness.
- Hematoma: A blood clot on the brain that can cause symptoms such as headache, vomiting, and seizures.
- Diffuse axonal injury: An axonal injury is a more severe form of traumatic brain injury that occurs when the brain is violently shaken or rotated. An axonal injury can cause widespread damage to the brain and result in symptoms such as coma, persistent vegetative state, or death.
As the open head injury is really severe and has long-term impairments, closed head injuries can have long-term effects on body function, such as cognitive, physical, and emotional problems. These include:
- Cognitive impairments: Can affect cognitive functions and cause difficulties with memory, attention, concentration, and problem-solving.
- Physical impairments: Physical symptoms such as headaches, dizziness, balance problems, and seizures.
- Emotional and behavioral changes: Changes in mood, mental status, and behavior, including depression, anxiety, irritability, and aggression.
Severe brain injury can cause devastating pain, financial losses, and degenerative brain diseases for victims, making the process of seeking justice an extremely complex one. It is essential to seek out legal support to obtain the maximum compensation you deserve and help with the recovery process.
Establishing Liability in Closed Head Injury Claims
When it comes to establishing liability in closed head injury claims, the injured party must demonstrate that the party responsible for their injury acted negligently or wrongfully. To prove negligence, the plaintiff must show that the defendant had a duty to exercise reasonable care and that they breached that duty, causing the plaintiff’s injuries.
For example, in a car accident case, the plaintiff must prove that the defendant breached their duty to drive safely and caused the accident that resulted in the plaintiff’s traumatic brain injury.
In a slip and fall case, the plaintiff must prove that the defendant failed to maintain their property in a safe condition, and this failure caused the plaintiff’s injuries.
Once the plaintiff establishes negligence, they must prove causation.
This means demonstrating that the defendant’s breach of duty was the proximate cause of the plaintiff’s injuries. In a closed head injury case, this can be challenging, as there may be many factors contributing to the injury. The plaintiff must prove damages. This involves showing that they suffered losses as a result of their closed head injuries, such as medical expenses, lost wages, and pain and suffering.
Establishing liability in closed head injury claims can be complex, and requires the help of an experienced personal injury attorney. A comprehensive and dedicated attorney can investigate the circumstances of the injury, gather evidence, and build a strong case on behalf of the injured party.
Legal Considerations for Proving Liability
Closed head injuries can have serious and long-lasting effects on a person’s health and well-being. When pursuing a legal case related to closed head injuries, there are important legal considerations that must be taken into account:
Burden of proof
In closed head injury cases, the burden of proof is on the plaintiff to establish that the defendant was responsible for their injuries. This means that the plaintiff must prove that the defendant breached their duty of care and caused the plaintiff’s closed head injury.
Comparative Negligence
In some cases, both the plaintiff and the defendant may be partially responsible for the plaintiff’s closed head injury. In these situations, the concept of comparative negligence may come into play. This means that the plaintiff’s damages may be reduced based on their percentage of fault. For example, if the plaintiff is found to be 20% responsible for their injury, their damages may be reduced by 20%.
Statutes of Limitations
Closed head injury claims are subject to statutes of limitations, which are time limits within which a plaintiff must file a lawsuit. These time limits vary by jurisdiction and can be influenced by factors such as the type of injury and the defendant’s identity. It’s important for plaintiffs to be aware of these time limits and to file their lawsuit within the applicable statute of limitations to avoid having their claim barred.
Get The Expert Legal Support You Need To Prove Liability
If you or a loved one has suffered a brain injury due to someone else’s negligence or wrongdoing, it’s crucial to get the legal support you need to prove liability and recover the maximum compensation you deserve.
At Brain Injury Help Center, we understand the devastating impact a brain injury can have on your life, and we are here to help.
The Brain Injury Help Center is backed by an experienced, award-winning team of attorneys who specializes in brain injury cases and all types of accidents.
With a wide support network across California, including Los Angeles, San Pedro, Panorama City, Torrance, Bakersfield, Lancaster, Santa Clara, San Diego, Ventura County, Visalia, and more, they will work tirelessly to build a strong case on your behalf.
Don’t wait to take action! Contact us today to schedule a free consultation and learn more about how we can help you.
