What Qualifies for a Brain Injury Lawsuit?



Traumatic brain injuries are one of the leading causes of disability.  They can affect an individual’s life in various ways, impacting their physical, emotional, mental, and social well-being. This is why brain injury lawsuits are quite common as they attempt to provide some sort of compensation to the victims.

Before you file for a lawsuit, though, here are a few factors you need to address.

The Causes

How did you sustain a brain injury in the first place? Was it because of a car accident involving a drunk driver? Did you slip and fall at your workplace, hurting your head? Was the injury a result of a particular product you were using?

For your case to qualify for a brain injury lawsuit, you first need to address what or who caused the injury. In some cases the cause isn’t clear or you have multiple parties responsible. Identifying these will help you better formulate your case and direct your lawsuit at the relevant person or authority.

The Effects

The next thing you’ll have to address is the severity of your injury. This will cover the ways your brain injury has affected your life, determining what compensation you’re entitled to. For instance, the impact of your injury (also referred to as “damages”) may include: 

· Medical expenses & bills

· Costs of legal aid &fee for an attorney

· Costs of court visits and procedures

· Loss of livelihood

· Loss of ability to earn

· Physical & mental pain and suffering

· Punitive damages


Court Jurisdiction

Does the court have jurisdiction over the person or organization you’re planning on suing for a brain injury? While the answer to this question is likely yes, there are cases in which the entity or person cannot be sued. This may be if they have special legal protection, for instance, sovereign immunity. Similarly, you may find it difficult to file for a lawsuit if the injury occurred outside the US in another country. Moreover, it’s imperative that you approach the correct court for this particular lawsuit for the legal body to have jurisdiction.

Another thing that can affect whether or not your brain injury lawsuit is eligible is the statute of limitations. This refers to the set timeframe in which you can take legal action, starting from the day your brain injury occurred. 



In order to correctly identify and acknowledge these factors, you must consult a professional personal injury lawyer. Lisa Douglas is an auto accident, medical malpractice, and personal injury attorney based in Arkansas who helps individuals file for brain injury lawsuits. 

Contact the Law Offices of Lisa Douglas, Inc in Little Rock, Arkansas now!

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