In the last decade, Americans have learned a lot more about brain injuries than they have in the past. Particularly regarding the long-term consequences of head injuries sustained by NFL players, information about the side effects of brain trauma reveals heartbreaking and devastating outcomes. Individuals who suffer traumatic brain injuries can struggle to care for themselves and others, endure ongoing pain, and suffer from cognitive impairments that can threaten their lives.
Traumatic brain injuries do not just happen on the football field. Many Californians suffer brain injuries when they are involved in negligence-based personal injury accidents, like motor vehicle accidents and slip and fall incidents. In the wake of an accident, a victim of traumatic brain injury may need help not only with recovering from their physical harm, but also understanding their rights under the law. This informational post should not be read as legal advice, but rather as an introduction to an important personal injury law topic to be discussed with one’s own lawyer.
The elements of negligence
Negligence happens all the time. When a driver lets distractions alter their driving, or when a store fails to clean up a water spill in an aisle, their failure to act reasonably introduces danger into the world around them. When a victim is hurt because of their negligence, the victim may have rights to recover their losses.
A claim of negligence alleges a duty on the part of the responsible party, a breach of that duty, causation between the injuries suffered by the victim and the actions of the responsible party, and damages suffered by the victim. Those damages can include serious injuries like traumatic brain injuries.
Traumatic brain injuries often have long-lasting consequences
When negligence causes a traumatic brain injury, a victim can be left with long-term problems. These symptoms can impact their cognitive function, their abilities to sleep and work, and even their mood. They may struggle or be unable to care for themselves and their loved ones, and they may require ongoing therapy and help to survive.
The costs of living with traumatic brain injuries can be very high. Not all victims can manage these costs without recovering their losses through litigation. A personal injury lawyer can advise their client on how best to protect their legal rights to damages.