Hypoxic brain events cause a person to go without some but not all oxygen, while anoxic events lead to a total lack of oxygen to the brain. While anoxic events can kill a person in minutes, hypoxic events can leave an individual with long-term cognitive and developmental disabilities.
When someone else is responsible for a hypoxic event that injures you or a family member, the compassionate traumatic brain injury attorneys at Tomeny | Best could explore whether a personal injury lawsuit and/or insurance claim could suit your situation. Instigating a lawsuit often draws insurers to the negotiating table to avoid litigation. However, our Iberville Parish hypoxic brain injury lawyers understand that you deserve adequate compensation for your needs.
What Causes Hypoxic Brain Injuries?
Hypoxic brain events stem from external causes and fall under the umbrella of Acquired Brain Injuries (ABIs), which are related to traumatic brain injuries. They are acquired because of incidents like a severe asthma attack or when someone’s actions or inactions cause them, which can be a building block for a negligence action. Common hypoxic brain events caused by others include:
- Near-drownings
- Smoke inhalation
- Motor vehicle accidents
- Exposure to toxic chemicals
In all these cases, someone else could have triggered the incident, for example, started a fire or failed to train employees about handling hazardous materials. An Iberville Parish and Plaquemine hypoxic brain injury attorney will build a case by gathering and studying evidence to identify the proper at-fault parties and then categorize the evidence to prove negligence.
Proving Negligence
The law requires all people to act toward others as a reasonable person in a similar situation. Thus, in the case of a motor vehicle accident, drivers must be sober behind the wheel because driving drunk endangers others sharing the road. If the actions are a reasonably foreseeable cause of an accident, such as hitting a pedestrian and pinning them under the car, which causes them to experience a hypoxic event, the drunk motorist will be charged as the at-fault party, who should compensate the injured party for their negligence.
Hypoxic brain injuries may not be caused by just one person, and in some cases, the injured person is partly responsible for the accident. Under Louisiana Civil Code § 2323, the jury apportions the blame among those who cause an injury using the percentages of fault to 100 percent. Louisiana is a pure comparative fault law state, which means an injured person can collect a damages award even if they are 99 percent responsible for their injuries. However, the damages award will be reduced by the percentage the injured person is found at fault for their hypoxic brain injury, and an Iberville Parish attorney could help them understand their legal options.
An Iberville Parish Hypoxic Brain Injury Attorney Could Help You Win Compensation
Hypoxic brain events can be life-changing, leaving you with cognitive and motor skill issues that may require long-term care. This costs money that you are entitled to if someone else is partially or fully responsible for your situation.
The knowledgeable attorneys at Tomeny | Best could fight to get you special damages to pay for your medical care, lost wages, and general damages to pay for your emotional trauma. For competent and caring advocacy, call an Iberville Parish and Plaquemine hypoxic brain injury lawyer today for a free consultation.
