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3 Potential Liabilities You Should Be Aware Of in a Traumatic Brain Injury Case

In the US, traumatic brain injuries (TBIs) must always be addressed seriously, regardless of whether a person has a concussion on the playing field of a sporting event or suffers head trauma in a collision. Traumatic brain injuries affect how well the brain functions and seem to be a significant cause of disability and death in the United States. Every day, on aggregate, 166 Americans die from brain injuries, and over 223,000 need to be hospitalized for TBIs. With that in mind, the question arises, when these injuries happen, who is responsible? Are there any lawsuits? Any liability for a traumatic brain injury? Well, here are 3 things you need to be aware of. 

Depending on the Particular Facts of Your Case, the Responsible Party May Vary.

The precise details of your case will determine who or what is accountable for your TBI. According to the CDC, 15% of high school students in the U.S. report receiving at least one concussion during sports or recreational activities; in these cases, the school or a coach may be held accountable. The primary causes of brain injuries are falls and auto accidents. As a result, a property owner or a driver may be held liable for compensation.

Comparative Fault May Affect Your Damages Award and Liability

Could your own carelessness impact the responsible party’s obligation to pay for brain damage? Because California employs a pure relative fault system, the responsible party will still be held accountable. However, your damages judgment can be reduced by your share of fault if a judge finds that you contributed in part to your TBI. To be clear, the defendant may yet be held accountable and accountable for covering damages.

Only if you submit your claim in a timely manner will you be able to hold the other party responsible?

You should be aware that even if you have convincing proof that another person or organization is responsible for your brain trauma, you are only allowed to sue that party and receive compensation for your losses if you do so within the time frame specified by your state law. Most of the time, the personal injury statute of limitations is two years. This means that if you do not submit your brain damage claim within 2 years after the TBI, your claim will expire and you will no longer be able to file a petition for compensation.


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