Who Is Liable for Concussions That Lead to Brain Damage in Indiana?

Concussions are relatively common head injuries, and serious concussions can cause permanent brain damage. This traumatic brain damage can be debilitating, and the person who caused your concussion should be held liable. Unfortunately, determining and proving liability can sometimes be a difficult endeavor.

Determining liability for a concussion and brain damage requires analyzing how your injury occurred. Many concussions are caused by car accidents in which another driver may be liable, leading to particular parties being at fault. Different parties would be liable in other types of brain injury cases, such as assault and battery cases or premises liability accidents. Brain injuries, including post-concussion disorder, can also come from repeated head trauma over time, such as repeated trauma in school sports. In some circumstances, there can be several people or entities that share liability.

If you or someone you love suffered a brain injury, including brain damage resulting in a concussion, our Indianapolis personal injury attorneys can help you get justice. Those responsible for the injuries can often be held accountable. Call Wruck Paupore at (219) 322-1166 for a free initial case review.

Who is Liable for Concussions and Brain Damage From Car Accidents in Indiana?

Car accidents often leave injured drivers with many injuries, including concussions and brain damage. The other drivers in the accident may be held liable for your injuries. Talk to our Indiana personal injury attorneys about a lawsuit for damages for your concussion.

It is common for injured drivers to be unsure who is liable for a car accident. Crashes tend to happen so quickly that drivers do not recall all the details – and brain trauma can add to that issue. An experienced attorney can gather evidence for your case to know whom to hold liable.

In crashes between two private cars, you might hold the at-fault driver liable. Accidents may also involve larger vehicles like buses or trucks. In those cases, the person driving the bus or truck may be held liable in addition to the company they work for. If the bus in your case was owned by a city, such as a public transit bus, the city can be held liable for concussions and brain damage. In commercial transportation cases, there are often numerous at-fault parties, some of which may not be obvious. These cases also often present complicated insurance issues.

If you were injured as a passenger, biker, or pedestrian, you can also make a claim against the insurance company for the driver who caused the accident. Although the driver may be a friend or someone you know, these claims are essentially insurance claims brought against the insurance company of the vehicle you were in.

It is important to get immediate medical attention after any car accident, even if you do not feel like you are seriously injured. Concussions and brain damage are not always immediately apparent, and the symptoms of injuries might not appear for a few hours or days. However, our experience in handling many cases involving post-concussion disorder after an auto accident is that insurance companies will try to use any delay in getting medical treatment against you. Going to the ER, and following up with all medical treatment, is critically important in getting the full monetary recovery you’re entitled to.

Liability for Concussions and Brain Damage From Assault and Battery in Indiana

Not all concussions and brain injuries are caused by accidents. In many cases, victims are injured by the defendant’s intentional acts of violence. Not only can the defendant be criminally charged, but they can be held civilly liable for your injuries and damages. Contact our Indianapolis personal injury attorneys if battery caused your concussion.

In Indiana, hitting someone else can lead to a civil lawsuit for the tort of battery. Battery is also the name of the crime in Indiana, though many people casually call this “assault.” When someone attacks you, you can often sue them civilly alongside any criminal charges filed against them.

To prove battery, you must show that the defendant intended to strike you instead of showing that it was only an accident. A blow to the head by a punch or blunt object may constitute battery and cause concussions and brain damage.

Identifying the person who hit you is simple enough if you know your assailant. If you were attacked in a bar fight or a random mugging, the police might have to help you find the person who attacked you. If there are charges filed against them, that criminal case can help you know whom to sue and help you prove the elements of your civil case.

The practical reality, however, is that the person who injured you may not have any insurance or money to pay for your damages. However, there may be other people who contributed to the incident from whom you can seek recovery. If a tavern or bar served a person who they should have known to be intoxicated, they may be held liable for the incident. Likewise, if you were at a business that should have had the security that could have prevented the attack, this may also make the business owner liable.

For example, in one case we handled, our client was at an apartment complex and suffered brain injuries after he was attacked by several people. Evidence demonstrated the apartment complex should have known the assailants were dangerous and should have had security to protect our client. They failed to do so, resulting in our client suffering a traumatic brain injury. Although the apartment complex originally failed to make an effort to settle the case, we eventually forced them to settle the claim for $7.25 million.

All cases are different, and the only way to find out what your case is worth is to have your case reviewed by a qualified lawyer.

Premises Liability and Concussions That Lead to Brain Damage in Indiana

Concussions and brain damage can also be caused by slip and fall accidents or other careless conditions at a property. When such an accident occurs, the property owner where the slip and fall happened may be held liable. Property owners are responsible for keeping their premises reasonably safe for guests. When the premises are unsafe, the owner may be liable for injuries. Our Milwaukee slip and fall accident lawyer can help you to prepare the case.

Our Hammond, IN personal injury attorneys can help you file your case against many different property owners and get compensation. If your accident happened in an apartment building, the landlord might be liable. If a slip and fall happened while you were shopping, the retail store owner can be held liable. You can even hold neighbors liable if your concussion happened on their property. As discussed above, a property owner might even be liable for an assault by another guest on the property if they should have reasonably prevented the attack.

Property owners may owe a duty of care to invited and uninvited guests. For example, a social guest invited into a person’s home is owed a duty of care by the property owner. Additionally, someone who is not invited but can reasonably be expected, like a mail carrier approaching the house, is also owed a duty of care. Unknown trespassers are typically not owed a duty of care.

Determining Shared Liability for Concussions That Lead to Brain Damage in Indiana

It is not unusual in cases involving concussions and brain damage for several defendants to share liability. Courts can divide liability among multiple defendants based on their share of the fault in causing the injury. Sometimes, the plaintiff may share a little bit of blame too. Our Fort Wayne personal injury attorneys can help you hold as many defendants liable as necessary while arguing against any liability on your part.

According to Indiana Code § 34-51-2-5, if a plaintiff is found partially responsible for their own injuries, their damages will be reduced in proportion to their own liability. For example, if a plaintiff is 10% responsible for their concussion, their damages will be reduced by 10%.

Under Indiana Code § 34-51-2-6, if a plaintiff files a claim against one defendant, the plaintiff may be barred from recovery if their own liability exceeds the defendant's. In cases involving two or more defendants, the plaintiff will be barred from recovery if their own liability exceeds that of all defendants combined. Contact our Hammond brain injury lawyer for more information.

Call Our Indiana Car Accident Attorneys for Advice

If you or someone you love suffered a concussion that led to brain damage, the person or people who caused the injuries should be held liable. Our South Bend personal injury attorneys can help you get compensation. Call Wruck Paupore at (219) 322-1166 for a free initial case review.