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Do I Have a Case for a Head Injury Lawsuit?

Posted on March 28, 2022 in

A head injury can have a significant impact on a person’s well-being. Any damage to the head or brain can result in lasting complications and painful symptoms, harming the victim’s quality of life.

If you are involved in an accident and sustain a head injury, you may be eligible for financial compensation. In cases where someone else’s negligence is responsible, you could file a head injury lawsuit against him or her and recover damages for medical care, property damage, and more.

The Long-Term Impact of a Head Injury

The brain is one of the most important organs in the human body. It controls many of the functions necessary for daily activities, such as concentration, memory, feeling, movement, and learning. If any part of the brain is damaged, serious complications can occur.

A head injury occurs when you experience a violent bump, blow, or jolt to the head. Violent shaking or penetrating injuries may also lead to this type of injury. If you suffer any damage to your head, your brain could suffer damage as well.

Many people with head injuries develop permanent impairments and require long-term medical treatment, disability accommodations, and live-in care. They may struggle to return to their previous jobs and may be unable to work at all. The physical and psychological impact of a head injury can be difficult to cope with. 

Filing a Head Injury Lawsuit in Oregon

Head injuries can occur during a wide range of incidents, including falls, Portland car crashes, physical assaults, and workplace accidents. If someone else caused your head injury, you could file a lawsuit against the at-fault party in Oregon civil court.

For example, if you are injured by a driver who runs a red light and collides into your vehicle, you could pursue a lawsuit against the at-fault motorist. If you are shopping at a grocery store and slip and fall on an unmarked spill, the store owner could be liable for your damages.  

In your claim, you can recover financial compensation to pay for the losses, or damages, that you experienced. The following are common types of damages in head injury lawsuits.

  • Medical expenses
  • Lost wages
  • Loss of future earnings
  • Mobility equipment
  • Disability accommodations
  • Specialized therapies
  • Permanent disability
  • Emotional distress
  • Depression and anxiety
  • Loss of quality of life

How to Prove an Oregon Head Injury Lawsuit

To secure compensation in a head injury lawsuit, you will need to show that the defendant is responsible for your head injury. You must supply sufficient evidence proving that the following facts must be true.

  • The defendant owed you a duty of care.
  • The defendant breached the applicable duty of care.
  • The breach of duty caused your head injury.
  • You suffered damages, like medical expenses and lost wages.

For example, say that you are hit by a drunk driver and suffer a head injury. In Oregon, motor vehicle drivers have a duty to follow traffic laws and drive carefully. Drunk driving breaches this duty of care. If the driver had not been under the influence, your accident would not have occurred.

If you are pursuing a head injury lawsuit, you need an Oregon personal injury attorney to represent your case. Your lawyer can conduct a full investigation into your accident and gather the evidence necessary to prove your right to compensation. 

Contact a Portland brain injury attorney as soon as possible following your accident to discuss your legal options.