Legal Claims After Brain Injury

August 8, 2019

By Grossman Green PLLC

The brain is the most vital part of the body. Unfortunately, many people have to lead their lives while coping with the aftereffects of a brain injury. While some of them are victims of accidents where no one was at fault, there are many victims whose brain injury was the result of someone else’s negligence.

Some examples of such cases would include a birth-related brain injury that was caused by the negligence of health care providers; a brain injury sustained in an auto accident where the other driver was at fault; a brain injury resulting from a slip-and-fall accident on someone else’s unmaintained property; and a brain injury that is the result of intentional harm that the victim was subjected to by someone else.

Victims who sustained their brain injury as of result of any of these circumstances need to remember that Kentucky laws allow them to take legal action against those responsible for the brain injury. For example, birth-related brain injuries are brought as medical malpractice actions; brain injuries sustained in auto accidents are brought as personal injury actions; slip-and-fall brain injuries are brought as premises liability actions; and brain injuries caused by intentional harm are brought as separate criminal actions.

The benefits of bringing a legal action over a brain injury include the possibility of obtaining damages. These court awards damages on the grounds that victims of brain injuries often need continuing medical care and other support, which require plenty of money. At the same time, courts consider the difficulties that brain injury victims often have working, which is another ground for them to award damages.

Considering these factors, brain injury victims and their families should know that what a legal action may look like, and it is a daunting task. But, it is worth it because the aftereffects of a brain injury may land their family into a situation of financial and emotional jeopardy.