Menzer Law joins the Brain Injury Association of America (BIAA) in observing Brain Injury Month. This yearly observance aims to raise awareness about the impact of brain injuries on individuals, families, and communities and to promote prevention, early detection, and appropriate treatment of brain injuries.
This year the BIAA celebrates Brain Injury Awareness Month by spotlighting the experiences of brain injury survivors through its “More Than My Brain Injury” campaign, which centers on the stories of brain injury survivors to increase understanding, reduce stigma, improve care, and showcase the diversity in this community.
How Brain Injuries Can Occur
There are several possible causes of brain injuries, including:
- Trauma: Traumatic brain injury (TBI) is caused by a blow or jolt to the head or a penetrating head injury that disrupts the brain’s normal function. This can result from falls, sports injuries, car accidents, or violence.
- A stroke occurs when blood flow to the brain is interrupted, damaging brain cells. This can be caused by a blocked or ruptured blood vessel.
- Infection: Brain infections such as meningitis, encephalitis, and brain abscesses can cause brain injury by damaging the tissues and cells of the brain.
- Lack of oxygen: Brain damage can occur when the brain is deprived of oxygen for a prolonged period. This can happen during near-drowning incidents, choking, cardiac arrest, and drug and medication overdoses.
- Tumors: Brain tumors and uncontrolled brain bleeding can cause brain injury by putting pressure on brain tissue and disrupting its function.
- Neurological conditions: Certain neurological conditions, such as Parkinson’s disease, multiple sclerosis, and Alzheimer’s disease, can cause brain injury over time.
Some causes of brain injury can be prevented or minimized through early intervention and proper medical care. For example, wearing protective gear during sports and driving safely can help prevent traumatic brain injury.
Brain Injuries Caused by Negligence
If you or someone you love has suffered a traumatic brain injury due to the negligence or intentional actions of another person, company, or entity – such as car accidents, slip and falls, workplace accidents, or medical malpractice – it’s important to consult with an attorney who specializes in medical malpractice or personal injury cases. An experienced attorney can help you determine if there is a proper injury claim, gather evidence, and work to obtain compensation for damages such as medical bills, lost wages, permanent disabilities / impairments, and pain and suffering.
Components of a Brain Injury Case
To win a brain injury case, you will generally need to prove the following elements:
- Duty of Care: You need to establish that the defendant had a legal duty to take reasonable actions to prevent the accident or injury from occurring. For example, a healthcare provider has a duty to provide appropriate medical treatment, and a property owner has a duty to maintain a safe environment.
- Breach of Duty: You must show that the defendant breached their duty of care. This means demonstrating that the defendant’s actions or inactions were negligent or fell short of what a reasonable person would do in similar circumstances.
- Causation: You need to establish that the defendant’s breach of duty was the cause of your brain injury. This means demonstrating that the defendant’s actions or inactions directly led to your brain injury and that you would not have otherwise suffered that injury.
- Damages: You must prove that you suffered actual damages from the brain injury, such as medical bills, lost wages, pain and suffering, and other losses.
Menzer Law Can Help
It’s important to note that each brain injury case is unique, and proving these elements can be complex and require a thorough understanding of the law, facts of the case, and the medicine relating to brain injuries. Therefore, it’s essential to consult with an experienced brain injury attorney who can help you build a strong case and advocate for your rights.
Attorney Matt Menzer is a highly-skilled, respected, and compassionate lawyer who has provided dedicated legal representation to those who have suffered from medical malpractice or serious personal injury for over 30 years. You can count on Matt to protect your rights and help you achieve the compensation you deserve. Contact Menzer Law at 206.970.2685 or fill out this online form, and our team will review your claim at no cost to you.
Disclaimer: This content is written for educational purposes and to provide general information and understanding of the law. You should not use this information as a substitute for legal advice from a licensed attorney in your state.