Cleveland Brain Injury Lawyer

Traumatic Brain Injury & Brain Damage Lawsuits in Ohio

Brain injuries can be severe and life-altering injuries. Whether it is a traumatic brain injury (TBI) resulting from the wrongful conduct of others or brain damage caused by medical malpractice, victims and families often face great potential for permanent disabilities, as well as profound physical, financial, and emotional suffering.

At The Becker Law Firm, our Cleveland brain injury attorneys have secured record-setting results in complex cases involving severe brain injuries – including the largest personal injury settlement involving an individual plaintiff in Ohio history.

We understand the overwhelming impact brain injuries can have on victims and their loved ones, and have the trial experience and tenacity to help them in their fight for justice and the fair compensation they deserve.

If you have a potential TBI case, contact us for a free consultation with our Cleveland brain injury attorneys.

Types of Brain Injuries

Brain injuries include many different forms of damage to the brain, including hypoxic and anoxic brain injuries (commonly the result of medical malpractice) and traumatic brain injuries (TBI).

Examples of Brain Injuries

• Hypoxia: Hypoxia is a medical term used to describe insufficient oxygen in tissue, and it may affect the entire body, or specific regions like the brain. Generally, a person suffers a hypoxic brain injury when their brain does not receive a sufficient amount of oxygen. This may occur in cases of drowning, electrocution, cardiac arrest, or stroke, and it may also be caused by medical negligence involving failures to diagnose, anesthesia errors, and surgical errors, among others.
• Anoxia: Both hypoxia and anoxia refer to a lack of oxygen; however, anoxic brain injuries involve a complete lack of oxygen to the brain, often resulting in severe brain damage and permanent disability. Anoxic brain injuries can be caused by the same factors as hypoxic brain injuries, and are common in birth injury cases involving infant brain damage. Some examples include failures to perform C-sections, poor fetal monitoring, and improper response to fetal distress.
• Trauma: Traumatic brain injuries are a type of acquired brain injury, meaning they are not hereditary or congenital, and instead are caused by trauma to the brain. Traumatic injuries resulting from medical mistakes can also damage the brain. This may include obstetrical errors caused by vacuums, forceps, or cranial compression. A direct head injury is not necessary for a person to have suffered a TBI. For example, explosions and whiplash injuries can both cause TBI even without obvious signs of physical injury to the head because the brain can rapidly accelerate and decelerate within the skull under these forces.

Common Causes of Brain Injuries

Brain injuries have many different causes. In terms of personal injury cases, some of the most common include:

• Motor vehicle accidents (car, truck, and motorcycle accidents)
• Premises accidents (i.e. slip & falls and falling objects)
• Construction accidents / workplace injuries
• Electric shock / electrocution
• Medical malpractice / birth injuries
• Drowning accidents
• Defective products
• Toxic exposure

Determining Liability for a Brain Injury in Ohio

Proving liability in a brain injury case in Ohio requires demonstrating that another party's negligence caused your injury. This typically involves proving the following elements:

1. Duty of Care: The defendant owed you a duty of care. This means they had a legal obligation to act reasonably and avoid causing you harm.
2. Breach of Duty: The defendant breached their duty of care by acting negligently or failing to act when they should have.
3. Causation: The defendant's negligence directly caused your brain injury. This involves proving both "but-for" causation (the injury wouldn't have happened without the defendant's negligence) and proximate causation (the injury was a foreseeable consequence of the negligence).
4. Damages: You suffered damages as a result of the brain injury. These damages can include medical expenses, lost wages, pain and suffering, and other losses.

Gathering Evidence

To prove these elements, you'll need to gather evidence. This may include:

• Medical records: These can document the extent of your injuries and the treatment you've received.
• Expert testimony: Medical experts can provide opinions on the cause of your injury and the extent of your damages.
• Witness statements: Witnesses who saw the incident or can provide information about the defendant's negligence can be valuable.
• Photographs and videos: These can help reconstruct the accident and provide evidence of the defendant's negligence.

Complex Cases

Brain injury cases can be complex, especially when the cause of the injury is disputed or when there are multiple defendants. It's essential to work with an experienced Cleveland brain injury attorney who understands the intricacies of these cases.

Proving Liability for a Medical Malpractice Brain Injury in Ohio

Establishing liability is critical to pursuing a brain injury claim, particularly when medical malpractice is involved. At The Becker Law Firm, LPA, our experienced Cleveland brain injury attorneys possess the knowledge and expertise to navigate the complexities of medical malpractice cases.

• Proving Negligence: Medical malpractice claims often hinge on proving that a healthcare professional or facility was negligent in their duty of care. This negligence may include misdiagnosis, surgical errors, medication errors, or failure to provide appropriate treatment.
• Establishing a Standard of Care: To establish negligence, it must be demonstrated that the healthcare provider turned from the standard of care expected in their field. This involves comparing the healthcare professional's actions to what a reasonably competent professional would have done in comparable circumstances.
• Causation: Establishing a direct connection between the medical professional's negligence and the brain injury is crucial. It must be shown that the negligent actions directly resulted in the injury suffered by the patient.

If you or a loved one has suffered a brain injury, it is important to consult with attorneys who have ample experience handling serious injury claims and cases involving medical negligence.

Potential Liable Parties in an Ohio Brain Injury Case

Car Accidents:

• At-fault driver: The driver responsible for the accident is usually liable.
• Vehicle manufacturer: If a defective vehicle part caused the accident, the manufacturer could be liable.

Slip and Fall Accidents:

• Property owner: If the property owner knew or should have known about a dangerous condition and failed to address it, they could be liable.

Workplace Injuries:

• Employer: If the injury occurred due to unsafe working conditions, inadequate safety measures, or employer negligence, the employer could be liable.

Medical Malpractice:

• Healthcare provider: If a doctor, nurse, or other healthcare professional's negligence led to the brain injury, they could be liable.

Product Liability:

• Manufacturer or seller: If a defective product caused the injury, the manufacturer or seller could be liable.