Do I Have a Case for a Head Injury Lawsuit?

Posted in Personal Injury on May 24, 2022

A head injury can have a significant, long-term impact on a person’s financial, emotional, and physical well-being. As a result, many victims of brain injuries choose to pursue lawsuits and recover settlements to pay for their medical care, lost wages, property damage, and more.

If you developed a head injury due to the actions of someone else, you may be eligible for legal action. Many head injury lawsuits rely on the presence of negligence, but you can pursue a claim due to acts of violence, defective products, and medical malpractice as well. 

The Long-Term Impact of a Head Injury

The brain is responsible for controlling thought, memory, breathing, emotions, motor skills, and many other processes that we need to function and regulate our bodies. Any injury to the brain can lead to severe, long-lasting complications.

Depending on the location and extent of the damage, you can experience the loss of critical functions like movement, speech, or vision. You can struggle to live alone and may require lifelong medical care. This can lead to significant financial hardship, as well as physical and emotional pain and suffering.

Negligence Is the Grounds for Most Head Injury Claims

Head injuries often occur during accidents, such as motor vehicle collisions or accidents on someone else’s property. If you believe that someone else’s negligent actions are responsible for your brain damage, you could pursue a lawsuit or insurance claim against the at-fault party.

Negligence refers to a party’s failure to uphold a duty of care. This duty can vary based on the situation. For example, drivers have a duty to drive safely and follow traffic laws. Property owners must maintain safe premises and warn visitors of potential hazards. 

If your brain injury was caused by negligence, you could pursue a lawsuit against the at-fault party. Examples of negligence may include the following.

  • You are struck by a driver who runs a red light while you are walking in a crosswalk.
  • You slip, fall, and hit your skull due to a spill in a grocery store, which employees failed to clean up or place a warning sign near.
  • You are driving when a distracted driver makes an unsafe lane change, causing your vehicle to spin out of control. 

Head Injury Lawsuits Related to Malpractice, Violence, or Defective Products

Negligence may be the basis for most head injury lawsuits. However, these claims can also involve intentional acts of violence, defective products, and professional malpractice.

  • Medical Malpractice: Medical professionals can commit errors while providing care to patients, leading to brain injuries. If your brain injury was caused by a healthcare provider, you could file a medical malpractice lawsuit.
  • Defective Products: Manufacturers are liable if their defective products harm a consumer and cause a brain injury. The product may be defective in its design, manufacturing, or warning and instructions.
  • Acts of Violence: You can file a lawsuit against a person who assaults you and causes a head injury. Civil lawsuits follow a different process from criminal proceedings, so you can pursue a claim in addition to a trial.

Speak to a Texas Head Injury Lawyer

If you have suffered a head injury, you may qualify for legal action. In these situations, it is important to have an attorney evaluate your case and identify which legal pathway is right for you. After receiving medical care for your injury, contact a McAllen brain injury lawyer to discuss your next steps.