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Can I Sue For Getting Epilepsy From A Brain Injury

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Can I Sue For Getting Epilepsy From A Brain Injury

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.

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. 

Click to contact our personal injury lawyers today.

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.

Call or text (212) 732-2929 or complete a free case evaluation form.

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Proven Record of Success

Dansker & Aspromonte Associates LLP has been advocating for the rights of the injured since 1986. We have the tools, resources, knowledge, and commitment to get you the best possible outcome.

Providing Answers & Solutions

Our team is committed to always being able to provide you with updates on your case and answers to your questions. This is your case and we want to be sure you are confident every step of the way.

Small Firm Dedication & Focus

Our firm is different from most firms in our area in that we are a “boutique” type firm that is small enough to give personal attention to our clients and yet experienced and powerful with a reputation as a hard-hitting litigation firm.

Innovative Legal Strategies

Each client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 100 years of experience behind your case to obtain the best possible outcome on your behalf.

Proven Record of Success

Dansker & Aspromonte Associates LLP has been advocating for the rights of the injured since 1986. We have the tools, resources, knowledge, and commitment to get you the best possible outcome.

Providing Answers & Solutions

Our team is committed to always being able to provide you with updates on your case and answers to your questions. This is your case and we want to be sure you are confident every step of the way.

Small Firm Dedication & Focus

Our firm is different from most firms in our area in that we are a “boutique” type firm that is small enough to give personal attention to our clients and yet experienced and powerful with a reputation as a hard-hitting litigation firm.

Innovative Legal Strategies

Each client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 100 years of experience behind your case to obtain the best possible outcome on your behalf.

Let Our Team Handle Your Case with Confidence

Contact Our Team Today