Rosenbaum & Rosenbaum, P.C. | February 18, 2013 | Brain Injury
Families in New York and elsewhere face new challenges when their loved one suffers from a brain injury. Typically unexpected, brain injuries may cause financial anxiety and stress for families feeling lost in the mounting bills and uncertainty regarding a long-term plan. In these times, families may seek a negligence claim to assist them through this difficult time. Recently, a man who suffered a traumatic brain injury has astonishingly recovered after a workplace incident.
A man is on the road to recovery after suffering injuries last year. The man, a crane operator, was working in the cab of a crane when the crane gave way and landed on its side. This caused the man to be thrown from the cab and resulted in a traumatic brain injury. The man has endured numerous surgeries and treatment for severe brain swelling. He has spent more than five months through extensive care and rehabilitation, which includes physical therapy, for the injuries he sustained.
Family members of those who have sustained a brain injury due to another’s actions may have a legal claim against the other person. One legal claim used in brain injury cases is based on a negligence theory. In a negligence theory case, the family members of the injured or the injured, the plaintiffs, must show that the other person had a duty of reasonable care that was owed to the injured, the other person failed to provide this duty and the injured suffered because the other person failed to fulfill their duty.
Understandably, the recovery process after a loved one has suffered a brain injury may be challenging. However, a negligence claim and a long-term plan outlining proper care for the injured person may lessen the possible distress for the family members of the injured.
Source: Milwaukee Wisconsin Journal Sentinel, “After critical head injury, crane operator makes remarkable recovery,” Georgia Pabst, Feb. 10, 2013