Brain Injury Lawyer

Brain injuries may result in short-term or permanent damage to the function of a person’s brain and are often sustained in accidents causing head trauma or significant shaking or jolts, errors made during medical care or treatment, or as a result of exposure to defective and dangerous products or substances. When negligence or a defective product is found to have been a cause of a person’s brain injury, the negligent party or parties or the entities involved in the defective product’s production and distribution may be held liable in a personal-injury or products-liability action for the damages suffered by the brain-injured person.

If you or one of your children has been diagnosed with a brain injury and you have reason to believe the injury was caused by someone’s negligence or a defective product, you may be able to recover damages from the responsible parties through legal action. The Killino Firm Los Angeles brain-injury lawyers have extensive experience with brain-injury cases, including those arising out of brain injuries caused by birth trauma, children’s accidents, negligence, medical malpractice, or defective products. Contact The Killino Firm at 213-623-2544 for a cost-free evaluation of your case and additional information about your legal rights and options.

Brain Injuries Caused by Negligence

Brain injuries may be caused by negligence in any number of situations. Traffic accidents, medical procedures, and dangerous conditions on business or other premises are only a few of the many conditions or occurrences that may lead to someone’s brain injury in the absence of due care for the person’s health and safety.

brain injury lawyer laTraffic accidents caused by driver negligence are among the most frequent causes of brain and other injuries in the United States. All drivers have a duty under the law to exercise reasonable care for the safety of passengers, other vehicle occupants, and pedestrians while operating motor vehicles. Car and other vehicle accidents found to have been caused by drivers’ failure to fulfill this duty of care, or negligence, may result in drivers’ liability for brain injuries determined to have resulted from these accidents. Thus, an accident victim’s brain injury caused by impact with interior vehicle surfaces, excessive shaking or jolting, or trauma from an object that penetrated the victim’s vehicle, for example, may lead to the liability of any driver whose negligence is determined to have been a cause of the accident resulting in the victim’s injury.

Business owners and operators also have a duty to exercise reasonable care for the safety of business patrons who come onto business premises. Amusement-park, restaurant, health-club, or other business grounds that have been negligently maintained and/or that lack adequate warnings regarding dangers of which patrons may be unaware, for example, may result in patrons’ brain injuries due to falls into unmarked or unfenced excavations, on stairways or walkways in need of repair, or in parking lots with icy or otherwise slippery surfaces. In these cases, the business owners, operators, and others with responsibility for business-grounds maintenance may be held liable for patrons’ brain injuries determined to have been caused by the negligence of these parties.

Brain injuries are also frequently sustained by children who fall or climb into pools and other bodies of water that have not been adequately fenced or provided with other barriers to children’s access. When a property owner is found to have negligently caused a child’s non-fatal drowning brain injury by failing to take reasonable care to prevent the child’s access to a pool or other body of water, the property owner may be held liable for the damages suffered by the child as a result.

Errors made in the care and treatment of patients by medical professionals may also result in brain injuries for which such medical professionals may be held responsible. Mistakes made by anesthesiologists during surgery, for example, can result in asphyxiation brain injuries to patients whose brains are deprived of oxygen, while medical negligence during a woman’s pregnancy or the delivery of her child may result in asphyxiation brain injuries to her child. Delayed treatment of certain illnesses, such as meningitis or encephalitis, may also cause brain injuries that could have been prevented with timely diagnosis and care.

Brain Injuries Caused by Defective Products

Brain injuries may also be caused by certain types of defective products to which consumers are exposed. Defective household equipment and appliances, for example, may leak toxic gases or substances that cause brain injuries to residents who breathe in these substances. Defective motor vehicles may cause traffic accidents that lead to victims’ brain injuries, while defective motor-vehicle safety equipment (such as seatbelts or airbags) may cause brain injuries that would have been avoided if such equipment had worked properly. Toys made with toxic chemicals or small parts that easily come off may cause brain injuries to children who choke on small parts or ingest toxic substances when they put these toys in their mouths.

When these and other products are found to contain defects in their design, manufacture, or warnings, the producers and distributors of the products may be found legally responsible for brain injuries found to have been caused by such product defects. These parties, which generally include product designers, manufacturers, suppliers, assemblers, wholesalers, and retailers, may be held strictly liable in products-liability personal-injury actions for brain injuries caused by product defects. This means that a plaintiff may establish products-liability defendants’ liability without having to prove that any of the defendants was negligent in producing a defective product or releasing it to the marketplace. The plaintiff need only establish that the product was defective at the time it was sold and at the time the plaintiff’s injury-causing accident occurred and that the defect was a cause of the plaintiff’s injury.

Contact Us

If you or your child suffers from any type of brain injury caused by someone’s negligence or a defective product, The Killino Firm’s brain-injury attorneys are ready to help you fight for the justice you deserve from all the responsible parties. Contact The Killino Firm at 213-623-2544 for experienced and aggressive assistance with your brain-injury case.

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