Brain injuries are caused by traumatic as well as non-traumatic causes. An Expert lawyer, in the course of his practice, can represent clients who suffered brain injury by either of the two causes. A lot of clients when they see their attorney for the first time have a lot of questions about brain injury lawsuit and here are some answers to those questions:
1. What is the most common cause of traumatic brain injury?
Motor vehicle accidents account for the majority of this type of cases, followed closely by head injuries due to falls and sports related injury. In cases of car accidents, it is common to sustain a direct trauma to the brain, when the head strikes for example a steering wheel. Although the impact may not cause a fracture to the skill the force of incident can cause bruising of the brain, known as a contusion or internal bleeding (hemorrhage). Professional lawyers who handle car accident cases in their every day practice have seen the devastating effects of injury on their clients, sustained in vehicular accidents, especially if the collision was with a large vehicle such as bus or truck; the client was thrown through a windshield, or struck to the ground from his motorcycle. In these cases having protective equipment such as helmets, air bags, wearing seat belts may not only prevent the person from being seriously injured, but may also save his life.
2. What is Cerebral Palsy?
Cerebral Palsy is a serious injury often caused during labor and delivery due to some type of trauma to the brain. Unfortunately, many cerebral palsy cases are due to medical malpractice, which likely took place during the birthing process through the negligent acts or omissions of the obstetrician or members of the hospital staff. Here are some ways the infant may sustain a brain injury leading to cerebral palsy due to physician’s negligence:
a. Failure to perform a timely and indicated c-section
b. Failure to timely relieve umbilical cord pressure
c. Forceful use of vacuum or forceps to take the baby out
d. Overprescribing of Pitocin, drug used to induce labor
A Professional lawyer is experienced in recognizing signs of fetal distress and by reviewing the medical records documenting infant’s birth can determine if the physician failed to take some necessary step to assure a safe birth of a child.
3. What are some non-traumatic ways a brain injury can be sustained?
In the field of personal injury two most common causes a Professional lawyer litigates are carbon monoxide poisoning and lead poisoning. Both are examples of how a non-traumatic brain injury can come about and both, unfortunately, involve injuries to young children. The typical defendant in this type of brain injury lawsuit will be a landlord, who failed to properly maintain, inspect and timely repair the premises where the child lived with his family. A lot of these cases occur in poorer neighborhoods or in neighborhoods with large immigrant population, where landlords, in order to maximize their profits, fail to keep the property up to the acceptable standards, causing it to fall into disrepair. It can occur when a young child eats the peeling paint off the wall or the faulty heater emits carbon monoxide, poisoning the apartment’s inhabitants.
An Expert lawyer can help the family understand their rights of recovery against the building owner, as well as sue for medical and hospital expenses necessitated by the injury to their child.