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How to receive compensation for Brain and Head Injuries

By Edited Feb 10, 2014 0 1

Most brain and head injuries are a result of severe head trauma caused by serious accidents such as vehicular accidents. The impact can cause bleeding and damage to the brain area.

Slip and fall accident and sports-related accident can also cause brain and head injuries.

Traumatic brain injury can be classified as either closed or open injury. An open head injury constitutes a fracture on the skull. It happens when the head is forced onto a hard surface. A wrong fall upon diving into shallow water in a swimming pool can cause the head to suffer skull fracture.

Closed head injury contains no fracture in the skull, but may include inflammation and blood clots in the brain area.

Both types of brain injury are considered serious and require immediate medical attention.

Traumatic brain injury can cause abnormalities in the central nervous system, affecting basic functions on senses, motor, and memory.

Symptoms may include paralysis, difficulty in urine and bowel movement, loss of sensory and motor functions, and sexual dysfunction.

Other symptoms may include:

1. Confusion and memory lapses

2. Frequent fatigue

3. Nausea

4. Headache

5. Difficulty in moving, standing, or walking

If a person who has suffered head trauma from a vehicular accident, and has shown some of the above symptoms; a CT scan and MRI can be useful in diagnosing blood clots, bruise, or tumor in the brain.

The cost for treating traumatic brain injury is oftentimes expensive and requires series of laboratory tests, surgery, and therapy.

You can seek damages to compensate for your medical expenses. One way is to file a Personal Injury lawsuit.

Personal Injury lawsuit takes the person, who caused your injuries, liable and requires payment for your losses. You can use the theory of negligence in proving the fault of the driver in the accident.

Negligence is the careless act of a person that causes injury or harm to another person. Every citizen has a duty of care to prevent or correct hazard. Failure to do so constitutes a negligent act, and is considered a fault with corresponding penalty in court.

Negligence has five elements:

1. Duty of care or responsibility to exercise caution and safety to other people

2. Failure to fulfill such duty

3. Direct result of the defendant's action

4. Proximate cause or foreseeable harm

5. Injury or loss as a result of the defendant's action

You can use photos from the accident scene, copy of police report, medical records, and witness statements as evidence for proving the negligent act of the person who caused your brain and head injuries.

Consult with a Personal Injury Lawyer in Los Angeles to help you file the lawsuit.


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Comments

Sep 18, 2010 4:34am
scheng1
By the time a person suffers severe head injuries, he is no condition to file lawsuits. His family has to file on his behalf.
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