Brain Injury Cases
A brain injury diagnosis can change your life. Brain injuries may have lasting effects on physical, emotional, and mental well-being. When one person’s negligence or recklessness causes a brain injury to another person, the victim may have grounds for a lawsuit. If you or a loved one suffered a brain injury in a Huntsville accident, contact the attorneys at Haney.Moorman.Paschal, P.C. You and your family may be eligible for financial compensation.
Why Choose Us?
The success of a serious brain injury case can come down to the skill of the victim’s attorney. Why choose us to represent you?
- We have been staples of the legal community in Huntsville for decades. Jack Haney represented clients here for more than 40 years before retiring, while David Moorman and Jacob Paschal have more than 30 years of combined experience.
- We have handled many brain injury cases. Our lawyers understand the nuances of brain injury claims, as they have had first-hand experience representing these cases. Our firm has the resources and knowledge to maximize a client’s odds of recovery.
- We commit to exceptional client care. From day one, you will notice a difference with Haney.Moorman.Paschal, P.C. We take client care seriously, providing individual attention from lead attorneys on every case.
Brain injuries can be catastrophic. The lawyer you choose to represent your case is important. Our firm has the history and dedication to strengthen your claim.
Why Do You Need a Lawyer?
After a personal injury accident, insurance companies involved in the case will generally protect themselves – not victims. Insurance companies may try to take advantage of accident victims, offering lowball settlements or denying claims to save money. An attorney can make sure no one takes advantage of you during settlement negotiations. Your lawyer can stand up for your rights while you focus on healing from a serious brain injury. A lawyer will also take care of legal processes such as identifying the defendant and filing a personal injury lawsuit within the state’s two-year deadline.
Causes of Brain Injuries
A brain injury can occur either when something from the outside strikes the brain (traumatic brain injury), or when something causes internal damage (acquired brain injury). A traumatic brain injury can cause skull fractures, hemorrhage in the brain, or swelling. An acquired brain injury, such as lack of oxygen, can cause permanent brain damage. Several things could cause a serious brain injury:
- Motor vehicle accident
- Sports impact
- Criminal violence
- Medical malpractice
- Birth injury
- Defective product
A negligent person or entity could cause a brain injury in any of these circumstances. A careless anesthesiologist, for example, could overdose a patient with anesthesia and cause permanent brain damage. A drunk driver could strike a pedestrian and cause a fatal traumatic brain injury. Identifying the at-fault party is one of the first steps a victim must take to obtain compensation in a brain injury case.
A plaintiff’s lawyer must prove four main elements in a brain injury case: duty, breach, causation, and damages. Duty refers to the defendant’s special duties of care based on his/her relationship to the plaintiff. These duties will vary depending on the situation. A breach of duty can be any action or failure to act that falls outside of the defendant’s duties of care to the plaintiff. Negligence is another word for a breach of duty.
Causation requires the plaintiff’s attorney to show a direct causal link between the defendant’s breach of duty and the brain injury. For example, if a doctor was guilty of malpractice, but a brain tumor was the actual cause of the brain damage, the doctor would not be liable for the injury. Finally, a lawyer must prove that the defendant’s actions caused the plaintiff real, compensable damages. These may include pain and suffering and medical expenses.
Contact Us Today
Litigating a brain injury claim is not an easy task. Hire a lawyer with experience handling these types of cases for your best odds of securing fair compensation. Trust Haney.Moorman.Paschal, P.C. with your brain injury case. Contact our Huntsville firm today for a free case review.