Brain Injury Attorney in Philadelphia

A direct and significant impact to the victim’s head, such as in an auto accident or by falling construction material, is what typically comes to mind. But the medical community is coming to understand just how sensitive the brain can be, and that significant brain injuries can be caused by seemingly moderate or even minor impacts.

Significant injury to the brain can also be caused by periods of rapid acceleration, deceleration, or change in direction. This is because the brain sits inside the skull surrounded by a cushion of fluid. Also, the brain is not rigidly attached to the skull at any point and, thus, can be thrown against the inside of the skull and injured when subjected to a high degree of inertial force. This type of brain injury is often referred to as a closed head injury.

The Brain Injury Association of America listed falls as the leading cause of traumatic brain injury. That means a simple slip and fall somewhere puts you at greater risk than you realize. While victims of severe TBI may suffer significant cognitive impairments, victims of less severe TBI can still experience the following:

• Seizures
• Memory loss
• Headaches
• Difficulty with concentration
• Personality changes
• Psychological symptoms

Another great concern of TBI is that the symptoms are not always caught at first. CT scans can show some moderate-to-severe cases of TBI, but other tests are often needed to find more mild cases, causing it to linger without treatment.

A tremendous amount of work goes into proving a brain injury lawsuit, and a Morgan & Morgan attorney with relevant experience can be a tremendous help in taking that burden off of your hands while you instead focus on your recovery. In order to build a compelling case, your attorney will go to work proving the following four elements of a brain injury lawsuit:

Duty of Care: Duty of care refers to a legal obligation to adhere to a certain standard or level of care. For example, property owners are legally obliged to maintain safe premises for visitors and workers.

Breach of Duty: A breach of duty means that the at-fault party did not satisfy their duty of care, and thus acted negligently. For example, if the aforementioned property owner has a wet or hazardous area on their grounds and neglected to fix or warn guests about it, he may have breached his duty of care.

Causation: The victim’s injury was a direct result of the defendant’s negligence.

Damages: If the injured party does not sustain damages, they may not be eligible to file a claim. For example, if a guest slips on an icy surface, but does not incur economic or non-economic losses as a result, he may not have a viable case against the property owner.

In order to prove these, your attorney will have to examine and compile evidence in your favor. This can include interviewing eyewitnesses, and working with relevant medical experts to get a sense of your injury and what you could be owed in compensation.

The devastation of a brain injury can leave you and your loved ones reeling emotionally and financially. Fortunately, our legal team is ready to represent you by investigating your claim and exploring your options.

If you suffered a serious brain injury in the Philadelphia area, you may be eligible to file a lawsuit to receive compensation for your losses. Contact us by filling out our free, no-obligation case review form.