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What Does a Brain Damage Attorney Do?

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  • Written By: Renee Booker
  • Edited By: E. E. Hubbard
  • Last Modified Date: 30 October 2017
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When a person has suffered a brain injury, he or she often decides to file a lawsuit against the party responsible for the damage. A brain damage attorney is frequently hired to represent the victim in a brain damage lawsuit. The function of a brain damage attorney is to secure compensation for the victim for the expenses he or she will incur over his or her lifetime, as well as for the suffering that the victim and/or the victim's family has endured.

Anything that causes the destruction or degeneration of the cells located within the brain is considered brain damage. Although it may happen in any number of ways, brain damage is generally broken down into two main categories — pre- and post-birth. Genetic defects may cause the brain to be damaged before birth, or negligence on the part of medical personnel can be the cause of brain damage at the time of birth. All other brain injuries are considered to be post-birth injuries and are usually the result of a traumatic blow to the head, such as a car accident.

The precise role of a brain damage attorney will depend, to some extent, on the cause of the injury. An injury caused by the negligence of medical personnel is considered to be within the purview of medical malpractice, while most other brain injuries are considered personal injury lawsuits. While the basic tenants of both medical malpractice and personal injury lawsuits are the same, a medical malpractice brain damage attorney is usually someone who focuses his or her practice on nothing but medical malpractice.

Regardless of which type of brain injury is the basis of the lawsuit, a brain damage attorney will begin by investigating the cause of the injury. A victim must prove that the defendant was negligent and that his or her negligence caused the damage in order to be compensated for the injuries he or she has suffered. As a result, a thorough investigation must be conducted by the attorney through pre-trial discovery mechanisms and often through the use of private investigators.

Once a clear picture forms regarding the extent of the defendant's negligence, a brain damage lawyer will usually enter into negotiations with the defendant on behalf of the victim. Often, an out-of-court settlement can be reached between the parties which adequately compensates the victim, or victim's family, for the injuries suffered. If an out-of-court settlement is not reached, then a brain damage attorney will represent the victim in a trial in front of a jury, in most cases. The jury will then decide whether or not the defendant was negligent and how much compensation to award the victim.

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