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.

Causation

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

Damages

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.