Any brain injury is serious, but in personal injury cases, many people immediately think of traumatic brain injuries resulting from impacts. However, there are a number of other types of brain injuries people can suffer as a result of another’s recklessness or negligence, including an anoxic brain injury. This type of brain injury is the result of complete loss of oxygen to the brain, and are most common with stroke victims, but can be caused by a wide range of factors we will discuss in greater detail below.
To start, the most important thing to realize is this: no matter the type of brain injury you or a loved one has suffered, you have a right to seek comprehensive compensation for the impacts this injury has had on your life if someone else is at fault for the injuries. This is done most commonly through either an insurance claim or a tort claim and can be an arduous process for those who are inexperienced with personal injury law — especially while trying to prioritize your recovery. This is why hiring a personal injury attorney is one of the recommended decisions you can make early into the process, both for your health AND your chances of getting a settlement you truly deserve.
Contact 1-800-Injured For a Free Consultation Today
1-800-Injured is an attorney and medical referral service. Instead of diverting your energy to finding an attorney in your area who is ready and willing to represent your case following an anoxic brain injury, we can do the work for you. We understand how complicated and difficult this time can be, which is why we are happy to take on this step for you while you focus on your personal needs and your recovery. Simply request a free consultation, and wait to be connected with an experienced and aggressive personal injury lawyer in your area.
Read more below about anoxic brain injuries, and don’t wait to contact us. The sooner we are connected, the sooner you will be working with an attorney in your area who will help you take on the insurance companies and work towards a settlement or award that you truly deserve.
What Is an Anoxic Brain Injury?
Simply put, an anoxic brain injury is brain damage caused by a lack of oxygen to the brain. These injuries can be caused by a stroke or cardiac episode, dangerous drug interactions, suffocation due to lack of oxygen in the air, or assaults, to name a few. The most important question to ask about your own brain injury is whether or not someone else acted in a way that put you in avoidable danger that led to your injuries.
Some of the most common causes of anoxic brain injuries are as follows:
- Cardiac arrest
- General anesthesia complications
- Dangerous drug interactions
- Carbon monoxide leaks
Of course, these examples are a few of the many possible ways you or a loved one may suffer brain damage from an anoxic brain injury. Whether or not you see your own injury above, contact us now so you can learn more about your legal options once connected with an attorney.
What Constitutes a Tort Claim After an Anoxic Brain Injury?
The specific injury a victim suffers is not necessarily important in determining whether or not a tort violation has taken place, even though the specific injuries will certainly play a role in the damages the victim seeks. A tort occurs when a series of specific factors are true:
The Defendant Owed the Victim a Duty of Care
In our daily lives, we have duties of care that we uphold without thinking twice. Each time we drive, we follow the rules in order to keep everyone else on the road safe. A property owner mopping up a wet floor or fixing a broken handrail is upholding their duty of care to their visitors to ensure a safe and incident-free trip. These are just a few of the many duties of care you can imagine that we all take on.
The Defendant Failed Their Duty of Care
Speeding or drunk driving are failures to uphold the duties of care bestowed on drivers, just as choosing to ignore a hazard on your property is a failure to uphold your duty of care to visitors. There are many different ways people can violate their duties of care by failing to act in a prudent and reasonable manner.
This Failure Led to an Accident
Drunk driving is a criminal act, and a tort violation does not take place until the drunk driver causes an accident. This means you will not be able to file a tort claim against a drunk driver if they have not caused you to be involved in an accident, just as you will not be able to sue a property owner for a wet floor if you did not slip on it. Your attorney will set out to connect the failure to the accident.
The Accident Caused Measurable Damages
Once it is established that the defendant failed their duty of care and caused an accident as a result, your attorney will set out to catalog your measurable damages and ultimately calculate the dollar values of each individual damage to produce a comprehensive amount that you are entitled to. Once this is completed, they will move forward with negotiations to reach a settlement agreement with the defendant, their attorneys, or their insurance company. However, if a settlement agreement is not reached, the next step is to file a lawsuit.