Last time, we began looking at the brain injury litigation currently faced by the football helmet manufacturer Riddell. As we noted, the company has mostly been able to avoid product liability claims in connection with its helmets, but it may not fare so well on misrepresentation claims. It remains to be seen how that litigation plays out, and the extent to which consumers will be able to hold the company liable.
Brain injuries in the context of motor vehicle accident litigation are, of course, extremely important to fully address. The primary purpose of litigation in any motor vehicle accident case is to ensure the accident victim is fairly compensated for his or her injuries and losses. When catastrophic injuries like head and spinal injuries occur, the costs and long-term impact on the victim’s life can be enormous.
When it comes to seeking damages for brain injuries, it is critical for accident victims to present as much evidence as is needed to fully support their damages requests. This includes both obtaining an accurate medical evaluation of the severity of the brain and the accident victim’s prognosis for recovery, but also of clearly identifying and fleshing out the impact the brain injury will have on the victim’s life.
Not all brain injuries are equal, of course. Some are more severe than others, and not all accident victims will recover the same from injuries of similar severity. In terms of types of damages, this includes both economic damages such as medical bills and lost earnings, but also non-economic damages such as pain and suffering, emotional distress, loss of consortium and loss of enjoyment of life. In brain injury cases, non-economic damages can also include disfigurement and loss of physical or mental capacity.
For any accident victim, it is critical to work with an experienced attorney to ensure their rights and interests are zealously advocated. This is especially true, though, for accident victims who suffer brain injuries and other catastrophic injuries.