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Who is Liable in a Traumatic Brain Injury Claim?

December 17, 2021

The World Health Organization (WHO) found that traumatic brain injury or TBI surpassed a host of diseases as the top cause of disability and death in 2020. With approximately 10 million individuals affected by TBI every single year, the burden of morbidity and mortality it imposes on victims and their loved ones makes it a particularly pressing medical and public health issue.

What Causes Traumatic Brain Injuries?

Determining the cause and specific circumstances that led to the incident that caused the TBI is important to figure out who could be held liable for the victim’s losses. TBIs could result from trauma that ranges from a minor blow to the head to a more serious injury that pierces the skull and directly penetrates the brain. Research by the CDC found that:

  • Assaults and motor vehicle accidents are among the most common ways that people may develop a traumatic brain injury
  • Falls cause nearly half of hospitalization related to TBIs
  • In the U.S., suicide with the use of a firearm is the top cause of TBI-associated deaths

Determining Liability for Traumatic Brain Injuries

If you developed some kind of traumatic brain injury because of another individual or entity’s negligent or intentional acts, then you might be entitled to file a claim to recover the damages you incurred from your injuries and the accident. For example:

  • Motor Vehicle Crashes – Victims of motor vehicle crashes that sustain a TBI could hold the driver and or other road users for losses stemming from their injuries.
  • Slips, Trips, and Falls – These could result in severe injuries to the neck, head, hips, spinal cord, and brain. Owners of premises or places might be held liable for a TBI if they fail to fix hazardous conditions on their properties.
  • Construction Site Accidents – TBIs could stem from construction site accidents, including falls from scaffolding, building collapse, and objects falling on workers, among many others. In such cases, the construction company, another construction worker, the site manager, a contractor, subcontractor, and/or equipment manufacturer could be held liable for the TBI-related damages.
  • Medical Malpractice – Health care professionals, including physicians, nurses, pharmacists, nursing home workers, etc., could be held accountable if their violation of medical care standards results in a TBI. Some common causes of TBI caused by medical malpractice include mistakes in prescribing medicines, defective surgical procedures, and improper diagnosis or follow-up treatments.
  • Products Liability – Products with design and/or manufacturing defects could cause TBIs, especially those with hazardous substances or those that are ingested.

But take note that one of the hardest parts of proving TBI claims is that depending on the nature of the injury, its effects might not appear immediately or until a long time following the accident.

Consult with an Experienced Queens Traumatic Brain Injury Lawyer Today

Traumatic brain injuries could cause a broad range of cognitive, physical, emotional, and psychological impairments that might either be temporary or permanent. These impairments might be subtle, moderate, or life-changing. Either way, TBI victims and their families will suffer reduced quality of life.

If you’ve suffered a TBI in an accident caused by another’s negligence, get in touch with Lipsig, Shapey, Manus & Moverman, P.C. today. Our top Queens traumatic brain injury lawyer can tell you about your legal options in a free consultation, which you can schedule by completing our online form or calling 212-285-3300.


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