Causation in Brain Injury Case

Brain injuries can be catastrophic. Often an accident victim who suffers brain injuries finds himself disabled and his life irrevocably altered. When the brain injuries are the fault of another, it may be appropriate to pursue damages. Proving causation in brain injuries is a crucial part of recovering a damages award that compensates for losses. If you were harmed in an accident and believe someone else is to blame, you should call the seasoned Syracuse brain injury lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys. We seek best results for those who have brain injuries due to the fault of another.

Brain injuries, particularly severe traumatic brain injuries, can worsen quickly when appropriate treatment is not given. First responders to a car accident or truck accident should react quickly to assess whether those involved in the accident have brain injuries and then provide the necessary care. When seeking damages for our clients in brain injury cases, we will need to establish other parties’ liability for the accident.

In vehicle accident cases, such as those involving severe brain injuries arising out of car accidents, truck accidents, motorcycle accidents, or recreational vehicle accidents, we typically need to establish that (1) the defendant owed a duty to use reasonable care, (2) the failure to abide by this duty caused our client’s brain injuries, and (3) damages arising out of brain injuries. An action or omission we claim was a breach in a defendant’s duty of care must have a causal link to the brain injuries in question.

Similarly, in Syracuse medical malpractice cases involving brain injuries, our lawyers will need to prove: (1) the defendant health care provider owed a professional standard of care that she breached, (2) the breach caused brain injuries, and (3) actual damages resulted. Again, there must be a causal relationship between what the provider did or did not do and the injuries.

There are two parts to causation: there is a legal or proximate cause and a cause-in-fact. An event is the cause-in-fact of an accident if the accident wouldn’t have happened but for the defendant’s negligence. In medical malpractice cases, our attorneys often need to retain credible, well-regarded experts to provide opinions about whether a medical error was the cause-in-fact of our clients’ brain injuries since defendants may claim that the injury to the brain was the result of the accident or condition for which treatment was sought.

Legal cause in vehicle accidents can also be challenging to establish. Defendants may try to avoid liability by pointing out other contributing factors in a Syracuse accident that superseded their own negligent behavior. Insurance companies understand how expensive a brain injury lawsuit can get and take great pains to discover whether others besides their insureds may have responsibility for the catastrophic injury.

Brain injuries may be assessed according to the Glasgow Coma Scale, which is a 15 point test that looks at someone’s capacity to follow directions and provide coherent speech. The higher a person’s score, the less severe his injuries are. Additionally, imaging studies such as CT scans or MRIs may be performed. In some instances, the imaging conducted to diagnose brain injuries also provides important evidence towards proving causation. For example, in some cases, health care providers argue that brain injuries were not caused by their own professional negligence; imaging studies may be provided to experts to assess whether that claim is true.

When our Syracuse personal injury lawyers are able to establish causation in brain injury lawsuits, we should be able to recover both economic and noneconomic damages arising out of those injuries. The severity and nature of the injuries will determine what damages are available. Often those with brain injuries require rehabilitation with regard to movement and talking and other daily activities. Therapy may start immediately after the accident and can continue into an inpatient rehabilitation unit; the medical care can be expensive. Brain injuries may be accompanied by significant pain and suffering and loss of enjoyment.

If you need to retain counsel that understands how to establish causation in brain injury cases, call the tenacious Syracuse lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys. We seek best results for accident victims in Canandaigua, Lowville, Rochester, Utica, Auburn, Ithaca, Watertown, Herkimer, Oswego, Wampsville, Lyons, Cooperstown, Oneida, Binghamton, Elmira, Buffalo, Albany, and all of Upstate New York. Complete our online form or call us at 833-200-2000 for a free consultation.