No injury to the head or brain can be taken lightly. Very little force is needed to produce the kinds of nerve and tissue damage that triggers debilitating pain, problems with thinking and communicating, difficulty controlling muscles, and, in the worst cases, paralysis or death.
For this reason, people have the right to seek monetary compensation and damages any time someone else acts negligently, recklessly, or intentionally and leaves them with a traumatic brain injury, concussion, or other type of head injury. Succeeding with such a lawsuit can provide funds for paying past and ongoing medical bills, replacing wages lost while recovering or due to experiencing a long-term disability, and compensation for pain and suffering.
Here, we review four common circumstances that provide legal grounds for pursuing a traumatic brain injury lawsuit in Ohio. To learn more and discuss getting help with a case, call the Cleveland offices of Agee Clymer Mitchell & Portman at (800) 678-3318. You can also request a consultation and share some of your story by completing this online contact form. The first meeting will cost you nothing.
Many brain and head injuries result from car and truck crashes, especially when the victim is a pedestrian, motorcycle rider, or bike rider. Slips and falls at unsafe homes and businesses also cause many TBIs and skull fractures. Working with an experienced personal injury attorney can help a person hold the responsible party accountable.
Errors made by doctors, nurses, pharmacists, and anesthesiologists can induce brain damage, especially when those mistakes occur during childbirth. Cerebral palsy can develop when a baby is deprived of oxygen during delivery. Medication and surgical errors are also risks for adults and children at any time. Proving medical malpractice can be very difficult, however, so partnering with an experienced Cleveland head injury lawyer always makes sense.
Hardly a week goes by without seeing new, but always shocking, news about one or more elderly or disabled residents of a long-term care facility suffering from mistreatment by staff. Falls from beds that lack guardrails and refusing to offer assistance when patients stand or walk frequently leave the neglected patients with brain and head injuries. Too often, such injuries are inflicted by staff or other residents who intentionally abuse the victim. Family members of nursing home residents who experience mistreatment can often file lawsuits against the responsible individual and the owners and managers of the facility who failed to provide sufficient training, supervision, and equipment.
When a person purposely sets out to harm someone and ends up inflicting brain or head injuries, the victim has grounds for both pressing criminal charges and for filing a civil lawsuit. Succeeding with the lawsuit often proves difficult because the plaintiff must present evidence of specific intent to cause harm rather than to, say, commit a robbery or react to a provocation. Relying on advice and representation from a Cleveland-based brain injury lawyer can increase the victim’s chances for receiving compensation and damages.