The Legal Challenges in Brain Stem Injury Lawsuits

Brain stem injury lawsuits involve complex legal challenges due to the serious and often life-altering nature of the injuries, as well as the intricate medical and legal issues involved. Some of the key legal challenges in these cases include:

• Proving liability: Establishing that the defendant (e.g., a driver, employer, manufacturer) was responsible for the accident or incident that caused the brain stem injury can be difficult. This requires gathering evidence, such as witness statements, accident reports, and expert testimony, to demonstrate negligence or fault. Maryland is an at-fault state, meaning liability for an accident must be determined before anyone is eligible for compensation.
• Medical complexity: Brain stem injuries are medically complex and can have a wide range of symptoms and long-term effects. Expert medical testimony is often needed to explain the extent of the injury, secondary injuries, the prognosis, and the impact on the plaintiff’s life. This can be challenging and expensive.
• Causation: Proving that the brain stem injury was directly caused by the defendant's actions can be difficult, especially if there are pre-existing conditions or other factors that could have contributed to the injury. Establishing a clear causal link is crucial for a successful personal injury lawsuit.
• Valuing damages: Determining the appropriate amount of compensation is complex due to the long-term and often permanent nature of brain stem injuries. Damages may include medical expenses, lost wages, loss of earning capacity, pain and suffering, and the cost of long-term care and rehabilitation. Expert testimony from economists, vocational experts, and life care planners may be needed to accurately value these damages.
• Insurance issues: Dealing with insurance companies can be challenging, as they may attempt to minimize the payout or deny the claim altogether. Legal representation is often necessary to negotiate with insurers and ensure that the plaintiff receives fair compensation.
• Statute of limitations: Brain stem injury cases must be filed within a certain time frame, known as the statute of limitations.
• Contributory negligence: Maryland is one of just five states that follow the rule of contributory negligence, which forbids an injured party from receiving any compensation for an injury if they contributed in any way to the incident. This can complicate the case, as the plaintiff’s compensation may be eliminated if they are found to be even one percent at fault for an accident.
• Long-term implications: Brain stem injuries often result in long-term or permanent disabilities, requiring ongoing medical care and support. Ensuring that the compensation awarded covers future needs and expenses is crucial, which requires careful planning and expert input.
• Emotional and psychological factors: The emotional and psychological impact of brain stem injuries on the plaintiff and their family can be significant. These factors need to be considered when seeking compensation, but they can be challenging to quantify and prove in court.
• Jury perception: Brain stem injury cases often go to trial, where the outcome can be influenced by the jury’s perception of the evidence and the parties involved. Effective presentation of the case, including clear and compelling testimony from medical and other experts, is essential.

Given these and other challenges, it is important for plaintiffs in brain stem injury lawsuits to have experienced legal representation to navigate the complexities of the case and maximize their chances of obtaining fair compensation.

What has to be proven in a brain injury case?

In a brain injury case, several key elements must be proven to establish liability and secure compensation. These elements include:

• Duty of Care: The plaintiff must demonstrate that the defendant owed them a duty of care. This means showing that the defendant had a legal obligation to act in a certain way to prevent harm to the plaintiff. For example, drivers have a duty to operate their vehicles safely, and employers have a duty to provide a safe working environment.
• Breach of Duty: The plaintiff must prove that the defendant breached their duty of care. This involves showing that the defendant's actions or inactions were negligent or reckless. For instance, if a driver was speeding or distracted, this would constitute a breach of duty.
• Causation: It must be proven that the defendant's breach of duty directly caused the brain injury. This element, known as causation, requires demonstrating that the injury would not have occurred "but for" the defendant's actions and that the injury was a foreseeable result of those actions. Medical expert testimony is often crucial in establishing this link.
• Damages: The plaintiff must show that they suffered actual damages as a result of the brain injury. This can include economic damages, such as medical expenses, lost wages, and rehabilitation costs, as well as non-economic damages, like pain and suffering, emotional distress, and loss of quality of life.

Most brain injury cases are based on the theory of negligence, requiring proof of the four elements mentioned above. The following evidence is typically provided to prove the claim:

• Medical records and expert testimony: Detailed medical records and testimony from medical experts are critical to establish the extent and cause of the brain injury.
• Accident reports and witness statements: These can provide evidence of how the injury occurred and support the claim of negligence.
• Employment records: To prove lost wages and diminished earning capacity, employment records and testimony from vocational experts may be necessary.
• Financial documentation: Receipts, bills, and other financial documents can help quantify economic damages.
• Personal testimony: Statements from the plaintiff and those close to them can illustrate the impact of the injury on their daily life and well-being.

Successfully proving a brain injury case requires a thorough understanding of both the medical and legal issues involved, as well as the ability to present a compelling case through evidence and expert testimony.

Plaxen Adler Muncy has recovered over $500 million for injured clients. Let us put our experience to work for you. Call or fill out our contact form to schedule your free initial consultation today.