For What Types of Brain Injuries Can You Sue?

Updated on April 28, 2023


Unfortunate incidents happen every single day. And a single damaging moment can change your life forever. 

Incidents involving a traumatic blow, a fall, or a car crash frequently result in brain injury. However, sports, work accidents, defective products, and even medical negligence may also result in brain injury and subsequent damage. If this has happened to you or a loved one, you will need a lawyer familiar with all aspects of brain injuries, including their nature and how they impact victims. The attorney must also be adept at navigating Indiana’s complex personal injury laws if the damage stems from an entity’s negligence. 

Most Common Causes and Types of Brain Injuries for Which You Can Sue in Indiana

There are different classes of traumatic brain injuries, including diffuse axonal injury, which can result in a coma, brain damage, or even death after a violent head shake or rotation. According to experts, these injuries occur in high-speed motor vehicle accidents.

Traffic accidents are the most likely cause of concussions, often caused by severe strikes to the head or violent shaking. In most cases, concussions heal after several months or a few years. However, concussions are common in motorcycle accidents (especially if the rider did not wear a helmet) and in sports like football, ice hockey, soccer, rugby, etc. 

You can also suffer from brain contusions: bruisings that bleed and need surgery. Cerebral contusions are often the result of strong direct blows to the head. According to Yosha brain injury law firm, most slip and fall cases, vehicular accidents, sports injuries cases, or work accidents revolve around claiming compensation for contusions caused by negligent or reckless defendants. 

You can recover from these injuries, but it will take some time. Recovery from traumatic brain injuries is a complex and challenging process. Depending on the severity of the damage and its location in the brain, the journey can be arduous and lonely for the patient. But with the proper guidance and professional help of a reputable and skilled neurologist and therapist, you can be on your feet sooner than you think.

A Few Words on Medical Malpractice-Related Brain Injuries in Infants

As we said in the beginning, medical malpractice cases often have a brain injury as their focal point. Sometimes childbirth complications can cause them. Brain injuries in babies typically occur when the brains of infants do not get oxygen (anoxic injuries) or get insufficient oxygen (hypoxic injuries).

One common cause of oxygen deprivation is having the umbilical cord entangled or twisted around the baby’s neck. In addition, when a doctor fails to recognize maternal distress or inappropriately delivers a baby without following the proper procedures, they may trigger the condition.

Another critical factor that can lead to fetal distress and brain damage is when the fetal heart rate during labor is not closely monitored. Moreover, when the midwife or obstetrician improperly uses tools like forceps and vacuum extractors, they can cause trauma to the soft and delicate baby’s head. Furthermore, when the medical team inadequately provides much-needed neo-natal care for conditions like jaundice, infections, and respiratory distress syndrome, this can result in damage to the brain.  

It is important to talk about birth injuries and brain damage in Indiana because the state caps the amount of damages you can recover in a medical malpractice lawsuit. Your attorney will explain the caps in detail. 

Compensatory Damages for Brain Injury

Brain injured victims or their families can file a claim for compensation in a personal injury case. Your attorney will calculate your economic damages (medical bills, recovery interventions, lifestyle changes, psychotherapy, etc.) and your non-economic damages (pain and suffering).

Loss of wages is a common element of brain injury lawsuits, as victims frequently miss significant time from work when they undergo rehabilitation. The injured party and immediate family members can also file a claim for mental anguish.

Spouses may file a claim for loss of companionship because of the partner’s recovery, incapacity, or disability. Because brain injuries sometimes result in irreversible disability, the compensation can be relatively high.

In addition, you may be entitled to caregiver expenses. This is important, especially if the victim requires ongoing care and assistance because of the injury. Caregiver expenses are costly. And if you pay for it out of pocket, you may be drained of your savings in no time. 

Fatality Damages

A family can pursue legal action for the wrongful death of a family member that occurred because of someone’s negligence. Courts also award reparation for the lost income the deceased patient would have earned during their lifetime. The lawsuit may also include medical expenses and funeral costs. Additionally, family members can seek compensation for the mental and emotional effects caused by the death of their loved one.

Punitive Damages

It is worth mentioning that not all states allow punitive damages. Nevertheless, in jurisdictions that permit them, the attorney must demonstrate extreme negligence and recklessness on the defendant’s part. Punitive damages punish the defendant (a company, a hospital, an organization) for preventing future harm to innocent parties. Punitive damages in personal injury cases involving traumatic brain injuries, birth injuries, or wrongful death are rare but not unheard of. 

Bottom Line

Don’t hesitate to talk with your attorneys if you or a loved one are considering filing a lawsuit for brain injury in a traffic accident because of a defective product or because of medical negligence. Pick a lawyer with proven knowledge and expertise to assist you in comprehending your legal rights. 

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When it comes to educating the public on legal matters, few people are as determined as Michael Hawkins. From discovering issues of interest that concern all of us to offering actionable articles and guides to those in need, Michael is relentless in his journey of helping people make sense of the legal system. With dozens of pieces published in magazines, news outlets, and online journals, Michael is here to translate legalese into plain English so you can understand your rights and make the system work in your benefit.

The Editorial Team at Healthcare Business Today is made up of skilled healthcare writers and experts, led by our managing editor, Daniel Casciato, who has over 25 years of experience in healthcare writing. Since 1998, we have produced compelling and informative content for numerous publications, establishing ourselves as a trusted resource for health and wellness information. We offer readers access to fresh health, medicine, science, and technology developments and the latest in patient news, emphasizing how these developments affect our lives.