brain scanOne of the most devastating types of injuries a person can sustain is damage to the brain. Recent news stories and lawsuits have highlighted repetitive traumatic brain injuries known as chronic traumatic encephalopathy, or CTE. While there are many other types of brain injuries — all equally devastating in how they impact a person’s life — CTE has received wide spread attention in recent years for a number of reasons, the first of which is the lawsuit set forth by numerous former pro football players who claim to have sustained brain injuries during their careers. Now, there is a new lawsuit.

A recent lawsuit has been brought BY former professional wrestlers as the plaintiffs, claiming that they sustained numerous brain injuries during their careers. The lawsuit includes roughly 50 former wrestlers, their spouses, or their personal representatives claiming that while their moves were performed correctly, their repetitive head injuries were the result of the actions they performed in the ring. Additionally, the wrestlers claim that the defendant failed to fulfill their duty of care in preventing such injuries from occurring.

Determining Liability

When determining liability for a brain injury, it is important to understand the exact cause of the injury. Because there are so many factors involved and so many ways for a brain injury to occur, liability could exist against multiple responsible parties. For example, if a worker on the job site fell off a ledge and hit his or her head, who is the liable party? In this type of situation, liability may be placed on another contractor, another employee, the designer of the project, the project owner, or a defect in or the failure to provide the employee with proper safety equipment.

In a vehicle collision, liability for a brain injury may also exist against numerous parties. The collision may be caused by a drunk driver, may be the fault of a vehicle manufacturer or may occur if a component part is defective and results in the driver losing control and crashing. These types of accidents also occur when tires, brakes, seat belts, and even airbags fail to perform as designed. The biggest challenge is making sure all liable parties are identified and the injury victim fully understands their rights and knows the legal options available to them.

Brain Injury Advocates in West Palm Beach

At Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin, we have extensive experience representing victims of brain injuries in a host of complex cases from on-the-job injuries and motor vehicle collisions to product defects and medical malpractice. We know that these types of cases require a skilled Florida brain injury attorney who can explain the entire process to you and fight for your rights. If you have sustained a serious brain injury in a negligence-related act caused by someone else, we encourage you to contact our firm to speak with us about your potential claim.

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