Hypoxic brain injuries are caused by a lack of oxygen to the brain, and the results can be life-altering. If you or someone you love suffered a hypoxic brain injury as a result of someone else’s negligence, you need professional legal representation in your corner to file a claim for traumatic brain injuries. Make the call to an experienced Spring hypoxic brain injury lawyer at Schechter Shaffer & Harris, LLP for the help need.
Types of Hypoxic Brain Injuries
Hypoxic brain injuries can take a few different forms.
Diffuse Cerebral Hypoxia
Diffuse cerebral hypoxia is closely associated with accidents that temporarily cause victims to stop breathing, such as near-drownings. While this is the mildest form of brain hypoxia, it can lead to moderate impairment of brain functioning that has lifelong implications.
Focal Cerebral Ischemia
Focal cerebral ischemia is the result of oxygen deprivation to a specific area of the brain, which can be caused by the impact of an accident. Effects include muscle weakness, difficulties with speech, vision problems, and cognitive impairments. The severity of the injury depends on the area affected and the extent of the brain damage.
Global Cerebral Ischemia
Global cerebral ischemia is the most advanced form of hypoxic brain injury, and it is the result of a complete loss of blood flow to the brain. Traumatic injuries, such as from traffic accidents, serious slip and fall accidents, and medical malpractice, are common causes.
Ultimately, birth injuries, medical mistakes that include errors related to anesthesia, near drownings, and the immense impact of traffic crashes can all lead to hypoxic brain injuries. When the negligence of another person or entity is the direct cause, consulting with an accomplished hypoxic brain injury attorney early on can make a serious difference in the outcome of your claim.
The Strength of Your Claim
In order to bring a strong hypoxic brain injury claim in Spring, TX, you’ll need to demonstrate that several elements apply.
Duty of Care
To begin, you’ll need to show that the other party had a responsibility to your safety. This is called a duty of care, and it is true of other drivers, of property owners, and of the medical professionals who provide you with care.
Breached Duty of Care
The next step in the process is establishing that the other party breached the duty of care they owed you or failed to live up to their responsibility to your safety. Prime examples when it comes to traffic crashes include impairment and excess speed.
For premises liability claims like swimming pool accidents, a breached duty of care refers to a failure to take the same precautions that other reasonable property owners would have under similar circumstances. Finally, when medical malpractice is the cause, this lapsed responsibility means failing to employ the same protocols that one’s professional peers would have under similar conditions.
Direct Cause
You’ll also need to draw a direct line from the other party’s negligence to the accident in question. If a drunk driver speeds through a stop sign and barrels into you in an intersection, for example, their negligence can be identified as the direct cause of the accident that caused you to be injured.
Legal Damages
Finally, you’ll need to show that you suffered legal damages as a result of the other party’s negligence. This can include each of the following:
- Current and ongoing medical expenses
- Lost income, which may need to address lost earning potential
- Your physical and emotional pain and suffering, which can be immense in the aftermath of a hypoxic brain injury
You can count on your diligent hypoxic brain injury lawyer to prove that each of these applies to your case and to carefully showcase the full range of losses that you suffered as a result.
You Need an Experienced Spring Attorney Backing You Up in Your Hypoxic Brain Injury Claim
If someone else’s negligence leaves you with a hypoxic brain injury, the resourceful attorneys at our Spring office have a wealth of experience guiding challenging cases like yours toward optimal outcomes. Learn more by contacting or calling our catastrophic injury attorneys as soon as possible.
