Filing a Brain Injury Lawsuit

Stethoscope and lawyer statue

Brain injuries are typically caused by a jolt or pierce to the brain causing mild to severe damage, and can be a result of many things, from medical malpractice to car accidents. According to the Centers for Disease Control and Prevention, about 1.4 million Americans suffer from brain injuries every year. Symptoms of brain injuries can sometimes be delayed. Therefore immediate medical attention is crucial anytime these types of injuries are suspected.

Proving Negligence

When a brain injury occurs due to someone else's negligence, the injured victim may be able to seek financial compensation. To have a successful claim, the injured person must be able to prove the following:

  • The victim suffered injuries and/or losses that are measurable under the law
  • The law required the defendant to be reasonably careful
  • The defendant failed to act with reasonable care the defendant
  • Injuries sustained were a direct result of the defendant's action (or inaction)

Brain injuries can also be a result of a defective product. If this occurs, the injured person may be able to seek financial compensation by filing a claim against the companies involved with the distribution of the product.

Before You File

Prior to filing your claim, it's important that you have the basics taken care of. First and foremost, it's most beneficial to consider working with a skilled attorney who can help you understand the legal basis of your case. Brain injury cases are more challenging than others, and working with someone who has the experience you need can significantly improve the chances of a positive outcome.

Detecting a brain injury can often be more complicated than others, so it's essential to your case that you gather as much information as possible for supporting evidence.

We Can Help

Recovering from a brain injury can be highly stressful and challenging. You shouldn't have to use your rest period fighting your legal matters, so let us be your voice. With more than 40 years of legal experience, here at James Wood Law, we are committed to supporting our clients every step of the way.

Contact us today at (505) 906-6774 or visit our website to schedule a FREE consultation with one of our award winning attorneys.