Memphis Brain Injury Lawyers

A brain injury may be a result of a serious blow to the head, the penetration of an object, or a lack of oxygen. Brain injuries may be caused by dangerous property conditions, drownings, car accidents, truck accidents, motorcycle accidents, or defective products, or they may arise at birth after a difficult labor. If an accident was someone else’s fault, victims with brain injuries may bring a civil lawsuit to pursue damages. Often, a lawsuit is the only way to pay for expensive medical care (past and future), replace lost wages, and pay for necessary household services.

In motor vehicle accident cases, you usually need to establish negligence in order to recover damages for brain injuries. This means that you will need to show that a driver failed to use reasonable care while driving, and this failure legally caused your injuries.

There are many different situations in which a loss of oxygen during the labor and delivery of a baby may cause a baby to suffer birth injuries. In birth injury cases, a plaintiff parent must establish that the obstetrician breached a duty of professional care. It is necessary to retain an expert and board-certified OB-GYN to provide an opinion that the defendant failed to abide by the accepted standards and practices of the relevant specialty in that community and that this failure caused the injuries. Both the parents and the child may suffer losses as a result of a child’s brain injury, which they may recover if they can establish liability.

In other types of cases, such as a premises liability case involving an accidental drowning, you may need to establish that the defendant knew or should have known about a dangerous condition on the property but failed to repair the condition. For example, if the drain of a swimming pool is broken, the defendant would have known that by inspecting the pool regularly, and the drain causes someone to drown, it may be appropriate for the victim or their family to bring a premises liability claim.

In some cases, a defective product, such as a defectively manufactured pool drain or a defectively designed automobile, is to blame for a brain injury. It may be possible to hold a manufacturer liable for a defective product that causes harm under a theory of strict liability. This theory requires a plaintiff to establish a defect, proximate or legal cause, and damages.