Brain Injuries: Injured

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Brain Injuries

Brain Injuries can be the result of car crashes, amusement park rides, sports activities, falls, or work-related accidents. Quite often, these injuries result in bruising of the brain, tearing or swelling. They can lead to permanent disability or other problems. Brain injury lawsuits are considered personal injury lawsuits and are usually argued under negligence theories or under theories of products liability. In some cases, they may even be the result of intentional torts and be argued under assault or battery theories.


Recently in Brain Injuries Category

A Salem, Oregon teen is suing his former school district after he suffered a traumatic brain injury as a result of slipping in another student's vomit on the basketball court. The lawsuit alleges that after a student vomited on the basketball court, the area was either not properly cleaned or not properly dried, and 15 year old Robert Amarillas, while playing basketball during an open gym session, slipped and fell on the vomit, or liquid left behind after cleaning it up.

The school district issued a statement in response to the previously filed lawsuit by Mr. Amarillas, which appears to have been voluntarily dismissed and just recently refilled. In their response, the district asserts that Mr. Amarillas was to blame for his own injuries, or perhaps someone else's misconduct was to blame. This case is not a typical negligence case as it involves not only premises liability, but school premises liability.

Doctors have recently observed that domestic violence survivors are prone to the same neurological condition that retired NFL players are suffering: CTE. Chronic traumatic encephalopathy is a degenerative condition that causes cognitive decline, loss of muscle and emotional control, headaches, memory loss, and more. CTE is understood to be caused by repeated blows to the head.

While CTE would seem to primarily affect athletes who play contact sports, the results, showing that domestic violence victims frequently suffer from the same condition at similar or higher rates, are troubling. Studies have shown that 60 percent of domestic assault victims are diagnosed with traumatic brain injuries.

Last October, during fraternity’s outdoor party at USC, an attendee was hit in the head by a drone that was photographing the event. Not much is known about how the injury occurred. However, what is known is that the drone was being operated by the third party event production company known as Perfect Event Inc.

The drone’s impact on the head of the victim caused her to almost immediately start bleeding profusely, though she did not lose consciousness. The lawsuit, against both the fraternity as well as the event production company, alleges premises liability and negligence.

Like most of us, 60-year-old Etelvina Jimenez thought she was doing the healthy thing by hopping on a gym's treadmill to get some exercise. But when Jimenez fell she joined nearly half a million Americans who are injured by exercise equipment every year.

Jimenez's brain injuries were severe and now she's suing the gym, claiming it violated safety standards by placing treadmills too close to other equipment.

By now most parents have heard about the danger of concussions in sports like football and hockey. But parents trying to keep their children safe from head injuries need to be concerned with more than contact sports. A new Centers for Disease Control and Prevention study found around 21,000 kids aged 14 and younger suffer traumatic brain injuries including concussions on playgrounds every year.

The study also found that the rate of concussions was rising among children, from 23 out of 100,000 in 2005 to 48 out of 100,000 in 2013. While the CDC isn’t sure what’s causing the rise in traumatic brain injuries, it is recommending “improved adult supervision, methods to reduce child risk behavior, regular equipment maintenance, and improvements in playground surfaces and environments.”

Brain Injury: Military Studies and Legal Recovery

A brain injury can easily happen to anyone for any number of reasons. Adventurers, athletes, accident victims, babies during birth, kids at play, and military veterans, are all at risk. But treating head trauma is very difficult, and the best bet is to prevent it.

Now Defense Department scientists are focusing on pinpointing how brain cells change after experiencing explosions to learn how to improve protective equipment. Let’s consider their experiments and legal recovery for brain injury.

Recovering From a Traumatic Brain Injury

Kevin Pearce was living the dream until he suffered a severe traumatic brain injury. An international snowboarding sensation, Pearce was training for the 2010 Olympic trials when he did a trick and crashed. His Olympic dreams were dashed but not his fighting spirit.

Pearce and his brother founded Love Your Brain, an organization which supports brain injury survivors and their caregivers. He also helps by sharing his story, which is proof positive that it's possible to recover from a traumatic brain injury. That is good news because they seem to be increasingly common.

Businessman's $21 Million Brain Injury Verdict Threatened

A man who successfully sued a cruise line for a head injury may not see his $21 million in damages after all. The man’s former assistant has revealed that she lied about his brain injury for him before the trial and was then fired right before the case was going to be heard, reports The Seattle Times.

James Hausman won $5 million in compensatory damages and $16 million in punitive damages for an injury he sustained due to a faulty sliding glass door on a Holland America cruise ship. The company, having learned from Hausman’s former assistant that he deleted emails, tampered with witnesses, and exaggerated the severity of his injury, is seeking to have the jury verdict overturned.

Abusive head trauma, also known as shaken baby syndrome, is a term that no parent ever wants to hear.

Usually, when a doctor utters those words, a baby is dead or dying, and a parent is going to go to jail on charges of child abuse or murder. For years, doctors were quick to diagnose a baby with shaken baby syndrome, but now the evidence may be too inconclusive to tell for sure.

Brain Injury Lawsuits: How Much Is Your Case Worth?

Brain injuries can cause permanent physical and mental damage. Determining the value of a person's injuries can often be complicated.

Generally, damage awards in a personal injury case include two types of damages: compensatory damages and punitive damages. Punitive damages are typically reserved for cases in which a defendant's actions justify a monetary punishment as opposed to simply compensating a victim, and are generally awarded at the discretion of a judge or jury.

In most injury cases, the value of your case will largely depend on the amount of compensatory damages you are awarded. How are these damages calculated in a brain injury lawsuit?