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Your Legal Rights When Making a Head Injury Claim


A head injury can be one of the most frightening, unpredictable, and deadly types of injury. Some doctors call it the “talk and die” injury because the people who are hurt may not realise it and will insist to their friends that they are fine, when in reality they could be bleeding in the brain. The most important thing people should do after suffering a head injury, whether from a fall, a sports injury, or a car accident, is to immediately have a doctor check them for signs of serious injury. Symptoms that should raise a red flag include glassy eyes, confusion, nausea, headaches, and unexplained tiredness.

Not only is important for health and safety reasons to go to the hospital immediately after a head injury, but having hospital records can also be useful should that person decide to file a head injury claim. Because head and brain trauma can be particularly devastating and life-threatening, and because recovery time can impede one’s ability to work, making an injury claim may be the best recourse to receive compensation, assistance with medical bills, and rehabilitation expenses.

When a head injury occurs as a result of a third party’s actions or negligence, the injured person has a legal right to file a claim and seek compensation. In the case of a car accident, if a person suffers head or brain trauma as a result of another driver’s negligence, the person responsible for the accident may be held liable. A driver is held liable for an accident for a wide range of reasons: driving while distracted, violating traffic laws, driving while intoxicated or otherwise impaired, and general carelessness. When filing a head injury claim as a result of a car accident, a person may present police reports, photographs of the accident scene, witness accounts, and expert witness testimony as proof of a driver’s negligence.

Sometimes head injuries occur on the job. Making a claim against an employer for negligence can be a nerve-wracking experience, but workers have the right to a safe work environment. Insurance companies or personal injury attorneys can guide an injured worker filing a claim and ensure that he or she receives compensation for lost income, medical bills, and any other costs associated with a resulting disability.

The same goes for head injuries incurred while playing sports. While athletes and even amateur players recognize the inherent risk in playing contact sports, they also have the right to a safe, well maintained playing area. If the injured person can prove that someone’s negligence caused the head injury, he or she may be eligible for compensation.

Any time a person incurs a head injury through no fault of his own, he should first and foremost have it examined by a doctor to prevent serious life-threatening medical conditions. If his insurance company will not cover the full cost of treatment and recovery or delays too long in settling the claim, the injured person should consult a personal injury lawyer to reach a fair settlement.

For more information on head injury claim