A personal injury claim may be appropriate if your TBI resulted from an accident caused by someone else’s negligence. That would include motor vehicle accidents, car and truck collisions, rollover accidents, industrial accidents, fall incidents, and other situations where another party was at fault. To succeed in such a personal injury claim, you must demonstrate:

• Duty of care: You must show that the at-fault party owed you a duty of care, as when drivers owe a duty to operate vehicles safely.
• Breach of duty: You must show that the at-fault party breached their duty of care, as by driving recklessly or maintaining hazardous premises.
• Causation: You must show that the breach of duty directly caused your TBI.
• Damages: You must show that you suffered actual damages, such as medical expenses and lost present and future wages.

In cases where a defective product led to your TBI, such as a faulty helmet in a cycling accident, roof defect collapse in a SUV or truck rollovers, ladder fall accidents and bad airbags and other products you may have grounds for a product liability lawsuit. Manufacturers and distributors have a legal responsibility to ensure their products are safe when used as intended. If a defective product led to your injury, you could seek compensation from the responsible parties.

If your TBI resulted from medical negligence, such as errors during surgery or inadequate anesthesia management, you may have a medical malpractice case. Medical professionals are held to a high standard of care, and deviations from this standard can result in severe injuries.

To pursue a medical malpractice lawsuit, you must establish:

• Doctor-patient relationship: That a doctor-patient relationship existed, establishing a duty of care.
• Breach of standard of care: That the healthcare provider deviated from the accepted standard of care.
• Causation: That the breach of the standard of care directly caused your TBI, must be established by a competent expert in the field of medicine or other similar field and approved by the court.
• Damages: That you suffered injuries and damages as a result.

If your TBI occurred while you were on the job, you may be eligible for workers’ compensation benefits. These benefits can cover medical expenses and a portion of lost wages while you recover. Workers’ compensation claims do not require proof of negligence. You only need to demonstrate that the injury occurred in the course of your employment. However, if your injuries were caused in part by the negligence of a third party, contractor,, subcontractor product maker or others, then you may have the right to file a third party lawsuit against that entity. It is important that consult an attorney early to preserve that right, gather the evidence and prepare a lawsuit.

For persons with severe and long-lasting TBIs that result in disability, Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits may be available. These benefits provide financial assistance to persons who are unable to work due to a disabling condition. The application process can be complex, but it can provide crucial support for injured persons and their families.