Who can sue for a traumatic brain injury?

Who can sue for a traumatic brain injury?

When someone is injured by another person in an avoidable act that resulted in a traumatic brain injury to the victim, the victim can sue that person. Traumatic brain injuries are all too common as they occur under a wide variety of circumstances. If you or a loved one sustained this type of injury due to someone else’s negligent actions, you may have a good basis for a lawsuit. Compensation from a jury award or settlement can make all the difference in allowing you to pay for the medical care you need to recover as much as possible.

Common Circumstances for Traumatic Brain Injuries

Though this type of injury can happen nearly anytime or anywhere, they are more common under certain circumstances. These include:

  • Car/truck accidents
  • Plane crashes
  • Amtrak/train collisions
  • Slip and fall accidents
  • Surgical mistakes
  • Physical assaults


At-Fault Parties Commonly Responsible

Depending on the circumstances of how your injury occurred, one or more parties may be considered responsible. When seeking compensation to recover your damages, any of the following persons could be named as the defendant in your claim or civil lawsuit:

  • The driver of the vehicle that hit you in a car accident.
  • The municipality or other entity responsible for operating and maintaining the bus, train, or other vehicle that harmed you.
  • The property owner or manager of the property where you slipped and fell.
  • The surgeon who made a medical mistake that resulted in your traumatic brain injury.
  • The person who assaulted you and which resulted in harming you.


Legal Representation

Lawsuits and personal injury claims for traumatic brain injuries require solid proof of who, when, and how the at-fault party caused the injury. Medical experts will likely be needed to provide testimony, physical proof will have to be presented, and damages must be documented. Further, the defendant will surely have an attorney representing them. For a successful claim or lawsuit, it is not a good idea to represent yourself. Too much is at stake because if you lose, you will not have a second chance to recover your injury costs. Most personal injury lawyers offer a free consultation to discuss your case. This will be a brief meeting during which you will have the opportunity to explain how you or your loved one sustained the traumatic brain injury. Consider contacting a personal injury lawyer Milwaukee recommends to request a consultation for a second opinion.


Thanks to our friends and contributors from Hickey & Turim SC for their insight into personal injury.