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Does a brain injury qualify for personal injury compensation?

On Behalf of | Mar 19, 2021 | Wrongful Death

A brain injury isn’t always visible to the human eye. However, a serious brain injury may cause severe disability either temporarily or permanently. In West Virginia, a victim of a serious brain injury may claim personal injury compensation from the responsible party.

Common causes of brain injuries

A brain injury might occur because of the negligence or reckless acts of another person. When a victim is in an accident, the responsible party may be legally obligated to pay for the harm that they cause. Even though not all brain injuries are immediately apparent, when a brain injury interrupts the way of life of a victim, it may be deserving of compensation.

Regardless of how the brain injury occurs, if the cause is negligence, the victim may have a valid personal injury case. Traumatic brain injury can result from many different types of personal injury, including:

  • Car accidents
  • Motorcycle accidents
  • Slips and falls
  • Dangerous property conditions
  • Product liability
  • Falling objects
  • Assault and battery

How to claim compensation for serious brain injury

One of the challenges of a brain injury is the uncertainty of recovery. It may not be immediately known if the victim is going to be able to live a normal life. They may need a great deal of care in the beginning. However, they may improve over time.

A part of any claim is identifying the long-term medical needs and living expenses of a victim. These economic damages are critical to helping the victim. Even though they are uncertain, the victim may be able to value them and claim them through a legal case with the help of an attorney. It’s critical to work with medical experts to identify injuries and the long-term care needs of the victim.

How to bring a personal injury claim for brain injury

The victim of a brain injury may decide to bring a claim in order to receive financial compensation. They must prove the elements of negligence including that the defendant breached a duty of care, such as the duty a car driver has to keep other people safe on the road. Understanding how a victim of a serious brain injury can claim compensation through a personal injury claim may help a victim receive the relief that they deserve.