What Kind of Lawyer Do I Need for a Brain Injury?

What Kind of Lawyer Do I Need for a Brain Injury?


Brain injuries can have lifelong impacts on those who sustain such trauma. The effects may range from temporary memory loss to permanent and significant physical and cognitive disabilities resulting in severe financial hardships. What is even more unfortunate is that on occasion, brain injuries may be the result of someone else’s negligence. Under such circumstances, you might need to hire an attorney to protect your rights and receive fair compensation. A personal injury lawyer can review your case, provide counsel, and recommend whether or not to pursue a lawsuit or file a claim.


How Did the Injury Accident Occur and Who Is Liable?

Before a brain injury recipient can file a claim or initiate a lawsuit, he or she must establish how the injury occurred and who is responsible. Very often, brain injuries occur in vehicle accidents, slip and fall accidents, or as a result of medical malpractice.


Types of premises liability accidents that could result in brain damages can include, but are not limited to:

  • Slip and fall incidents within a building or business.
  • Slips and falls on a building or establishment’s property due to its management’s failure to remove snow, ice, or hazardous debris.
  • Failure of a store owner or manager to maintain a safe environment which results in defective property or objects falling on the victim’s head.
  • Inadequate security that might have led to the plaintiff sustaining brain injuries because of a criminal, physical attack.
  • Brain injuries from medical malpractice are often caused by one of the following:
    • A surgeon’s or physician’s poor execution during an operation or other medical procedure.
    • Failure of a doctor to diagnose a brain disease or other illness that resulted in a brain affliction.
    • Prescribing the incorrect dosage of medication or treatment protocols.


What Type of Attorney Do You Need?

  • This will depend on where your injury occurred. If you sustained the brain injury due to premises liability, you will need a personal injury lawyer.
  • For medical malpractice cases, the probable recommendation would be to seek the counsel of a lawyer specializing in medical malpractice lawsuits.

As a plaintiff, it will likely be of great benefit to work with a lawyer who has a successful track record with cases similar to yours. Most medical malpractice and personal injury lawyers offer a free first-time consultation. That can be a good opportunity to interview the attorney to see if they’re a good fit for you and your legal needs.


Pre-Trial Requirements

Many states mandate certain actions be taken prior to and during a trial. You and your attorney will likely be required to:

  • Bring forth a lawsuit within a specific period of time which is referred to as the statute of limitations.
  • Notify the physician or other care provider who you believe caused your injury and who you’re naming as the defendant in the impending suit.
  • Have expert witnesses offer testimony on your behalf.
  • Present your case to a medical review board who will then examine the facts of the case and conclude whether or not the lawsuit has any validity.


Brain injuries are often extremely serious and life changing. Contact a personal injury lawyer such as the Personal Injury Lawyer Charlottesville VA locals trust if you or someone you love was injured through no fault of their own.

Martin Wren Law Thanks to authors at Martin Wren P.C. for their insight into Personal Injury Law.

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