Brain Injury Lawsuits In The USA: State By State Legal Differences
Introduction
Does a brain injury need any definition? It is at its core the damage accrued by the brain. Now this damage can be temporary, permanent, physical, or psychological. Sometimes, the injury can also be life-threatening.When talking about brain injury, there are two broad categories in which it can be divided into:
- Traumatic brain injury (TBI): Traumatic brain injuries are the most obvious impact injuries such as penetrative, contusions, Coup-contrecoup contusions, axonal injury, and concussion.
- Acquired Brain Injury: Acquired brain injury is mostly caused by oxygen deprivation. Acquired brain injury includes anoxia and hypoxic brain injury.
Many states have laws in place regarding the research and definition of brain injuries in order to help inform the legal definition of a brain injury.
Understanding Personal Injury Law In Brain Injury Case
When people experience TBI, they wonder whether or not they have the case. After all, it is natural to think that way. When a brain injury occurs, it means that you have been in a serious accident.Now, whether or not there is a case for you depends on whose fault it was. Unfortunately, there is no specific formula that will tell you or highlight whose fault it was.
However, there are a few factors that are considered by the brain injury lawyers to determine eligibility.
For instance, you might be legally entitled to compensation if the following intentions are true.
- Liability: If someone is else to blame for your TBI.
- Causation: Having a direct link of a person with your injury.
- Damages: You encountered damages for your injury.
What Legal Claims Can You Bring After Suffering A Brain Injury?
When you suffer a brain injury in an accident, the faster you can file a lawsuit, the better for your case. This ensures that you are well under the limit of Statute Of Limitation.You can take advantage of the state’s discovery rule. According to this rule, your statute of limitation is counted after you have discovered the injury.
This protects you legally and makes you eligible to file a lawsuit against the other party that might be responsible for the injury.
Now, this is where things start to get messier.
While the statute of limitation is there to help, some states are stricter than others with their interpretation of the discovery rule.
Hence, it is important that you take help from a professional lawyer who deals with brain injury personal lawsuits so that your case can be navigated better.
Brain Injury Lawsuit: State By State Legal Differences
Different states have different take on TBIs. In fact, they also have different definitions for the statute of limitation. This makes the victim think about whether or not they have the case.To make you better understand how brain injury lawsuits differ from state to state, we present you states with their laws.
- Arkansas: 2013 SB 1158 - It requires the department of health development of concussion protocols to protect the youth athletes during the engagement of athletic activities.
- Arizona: 2011 Senate Bill 1521- The law requires school boards to develop and enforce concussion policies before the school can participate in any interscholastic activities.
- California: 2011 AB 25 - In California, it is important for a person suffering from TBI to be assessed by the peace office before returning to society.
- Georgia: 2013 HB 284 - According to this law, return to play requires providing information to the parents on the risks of concussion and head injury to establish concussion management policies.
- Kentucky: 2012 HB 281 - Coaches are required to complete the training after recognizing the injury. They are also required to do a medical evaluation to see the extent of the damage before letting them mix into society.
We were able to list down only a few states. If you want to have the full list, visit TBI legislation.
Conclusion
If you or someone you love suffers from a Traumatic Brain injury, you know that the impact will make a permanent dent in their life. Living with a traumatic brain injury is not easy. Even the simple task of speaking becomes a challenging venture.Hence, it is important that you get the right compensation for the injury. Brain injury personal lawsuits are quite complicated. Having the right personal injury lawyers will help you through the difficult times and ensure you get the true value of the compensation.
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Posted - 03/02/2022
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