Can I Sue for Getting Epilepsy From a Brain Injury?
Brain injuries can lead to devastating medical ailments, including seizures. So, can you sue if your brain injury causes epilepsy? As long as you prove that the negligent party’s actions resulted in your damages, you have the right to demand fair and reasonable compensation.
A personal injury lawyer can represent you, gather and preserve evidence, investigate your claim and carefully build a strong case for maximum compensation.
Suing for Epilepsy Caused by a Brain Injury
There is a link between traumatic brain injury and epilepsy.
Research from the Epilepsy Foundation reveals that:
- An estimated one in 10 TBI victims experience an early seizure
- 50% of early seizures occur within the first 24 hours of a TBI
- Young children have the highest risk of developing epilepsy after a TBI
In the majority of cases, TBIs stem from another person or entity’s careless actions.
The most common causes of traumatic head injuries are:
- Medical malpractice
- Motor vehicle accidents (including car, bus, truck, and motorcycle)
- Physical assault or abuse
- Sports injuries
- Defective drugs
- Slip and falls
- Construction accidents
- Birth injuries
If you develop epilepsy due to your traumatic brain injury, you may be able to demand compensation from the liable party or insurance company. But to do so, you need to prove four critical elements: duty of care, breach of duty, causation, and damages. To demonstrate your losses and ensure a successful settlement, partner with a skilled personal injury attorney.
Duty of Care
People and businesses possess a duty of care to prevent causing unnecessary harm to others. For example, a motor vehicle driver must stay alert behind the wheel to avoid causing a car accident. Likewise, a healthcare professional has a duty to protect patients from unnecessary harm.
A personal injury lawyer can establish if the party responsible for your accident had a duty of care. Their obligation to act within a reasonable standard of care can set the foundation of your personal injury case.
Breach of Duty
Once your attorney establishes that another party had a duty of care to you,they can prove how the at-fault party violated their obligation to act reasonably.. For example, your lawyer may show that the driver was texting at the time of the motor vehicle collision, violating their duty of care.
Next, a legal professional establishes causation for the accident. They collect evidence to prove that the at-fault party’s negligent actions directly resulted in your brain injuries.
Examples of evidence include:
- Police reports
- Workplace incident reports
- Witness testimonies
- Photos or video surveillance footage from the accident scene
- Medical records
- Medical expert testimony or reports
Finally, you must show proof of damages to sue for epilepsy or brain injuries. To do this, your lawyer will demonstrate that your brain injuries caused you to suffer physical brain damage as well as financial or non-economic losses, including epilepsy.
For a free legal consultation, call (646) 692-0204.
How Can a Brain Injury Cause Epilepsy?
Epilepsy is a type of brain disorder that causes a person to suffer repeated seizures. The condition can cause episodes ranging from mild to severe that can happen at any time. In many cases, epilepsy follows a traumatic brain injury. The more severe the TBI, the more likely the person will develop some form of epilepsy.
Other factors that increase the risk of developing epilepsy after a TBI are:
- Age: Young children and older adults have the highest epilepsy rates.
- Genetics: A family history of epilepsy increases your chance of developing the disorder.
- Forceful head trauma: You can protect your head from severe trauma by always wearing a seatbelt in the car or using helmets during activities with a high risk of head trauma.
- Infections: Brain infections like meningitis can cause inflammation that leads to seizures.
The brain injuries that are most frequently linked to epilepsy are:
- Penetrating trauma to the skull
- Internal bleeding in the brain (such as a hemorrhage)
- Open head brain injuries
- Skull fractures
- Shearing, tearing, or stretching of brain fibers
Symptoms of Epilepsy
Epilepsy causes seizures that impact how your brain processes information.
Common epilepsy symptoms include:
- Staring blankly into space
- Uncontrollable arm and leg spasms
- Loss of consciousness or awareness
Most people with epilepsy have the same type of seizure every time, so their symptoms remain similar. Doctors categorize epilepsy seizures into two types: focal and generalized.
Focal seizures stem from abnormal brain activity in one specific region of the brain. They can cause total loss of consciousness or impaired awareness. Generalized seizures involve all areas of the brain, typically making them more severe.
Compensation to Collect for Epilepsy
If your traumatic brain injury resulted in epilepsy, you may be eligible to pursue epilepsy compensation. Living with epilepsy can require extensive medical care, and the limitations can lead to time away from work and lost wages.
Therefore, you may be entitled to compensatory damages for:
- Diminished earning capacity
- Pain and suffering
- Transportation costs
- Medical bills
- Ongoing care services
- Loss of enjoyment of life
- Mental anguish
In order to hold the liable party accountable for your losses, consult an experienced injury attorney to handle your case. A skilled lawyer will assess your total damages to determine the emotional and financial impact epilepsy has on your life. From there, your attorney can fight to collect a fair and substantial settlement from the liable party or insurance provider.
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Let Our Lawyers Help You Sue for Brain Injury Damages
If your brain injury resulted in epilepsy, you deserve fair compensation. And a personal injury lawyer from Dansker & Aspromonte Associates LLP will fight for you to recover maximum compensation. Our accident attorneys can provide a free case review to discuss your rights. Contact our law office now to learn more.
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