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Handling Brain Injury Claims: A Step-by-Step Guide

Dealing with a brain injury can be one of life’s most challenging experiences, not just for the injured person but also for their loved ones. Beyond the immediate health concerns, steering the legal landscape of claims can feel like a maze.

If someone close to you has suffered such an issue due to medical malpractice or any other cause, understanding the process of filing a claim is truly important.

This guide aims to help you understand every step, from collecting all the required information and documents to finding a lawyer. This way, you’ll be in the best position to secure the compensation you rightfully deserve.

Read on!

Categories of Brain Injury Claims

Brain injuries vary, especially from car accidents to malpractice. Understanding the different types is crucial for filing the right claim. Let’s look at the main categories.

  • Traumatic Brain Injury (TBI) Claim

A Traumatic Brain Injury (TBI) happens when someone’s head gets hit very hard. This can be from a fall, a car crash, or playing sports. The injury might be a crack in the skull, a bruise on the brain, or a deep cut.

TBI can be light, where someone might feel confused or have a headache for a little while, but it gets better. If it’s more serious, it can really change their life or be very dangerous. They might not wake up for a long time, have bad headaches, seizures, or trouble talking or seeing. Understanding TBI is important for getting help and making a claim (if needed.)

  • Anoxic Brain Injury Claim

If someone gets an anoxic brain injury, it means their brain didn’t get enough oxygen for a while. This can happen in many ways, like being choked, having a severe allergic reaction, taking too many drugs, having a stroke, drowning, or getting hit hard in the throat.

There are three types of this injury.

  1. a) When the blood can’t carry enough oxygen.
  2. b) When poisons stop oxygen from getting to the brain,
  3. c) Last is when there’s not enough oxygen to breathe.

This injury can make someone feel confused, dizzy, or have bad headaches. It can also make thinking or remembering things harder, cause depression, or make new fears.

  • Hypoxic Brain Injury Claim

A hypoxic brain injury means the brain isn’t getting enough oxygen, but it’s not completely cut off from it. This can happen for various reasons, like breathing in smoke from a fire, being very high up where the air is thin, choking, making a mistake with anesthesia during surgery, having very low blood pressure, or having an asthma attack.

Depending on how bad the injury is, someone might just have trouble remembering things, moving around, focusing, or making decisions. In more serious cases, they could have seizures, end up in a coma, or even face brain death.

How to Proceed With Your Claims?

Sustaining medical malpractices or any accident injury inside the brain can be tough. Apart from the physical and emotional suffering that comes with it, the medical costs of the treatment are another aspect the victim must deal with.

So, before proceeding with your claim, it is suggested that you first hire a brain damage lawyer who will help you understand the nature of the case. These experts will also help you learn the types of damages that can be awarded. This way, you can navigate the process with certainty and make a well-informed decision.

Nevertheless, here are the typical claims you can make:

General Damages
These are for the non-physical impacts of an injury, like pain and suffering. Victims can get money for the mental and physical problems caused by the accident. General damages can include:

  • Feeling very upset or worried
  • Mental health problems
  • Losing someone’s care or love
  • Scars or physical limits

Because these things are challenging to put a price on, experts often help decide how much money they’re worth.

Special Damages

These are for the financial losses from an injury. They cover costs like:

  • Medical bills from the accident
  • Lost wages
  • Damage to property
  • Losing something unique and irreplaceable

Calculating special damages is more straightforward because you can use receipts and other records to show how much you’ve spent or lost.


Handling brain injury claims requires understanding the injury’s nature, the impact on your life, and the legal process to secure compensation. Whether dealing with TBI, anoxic, or hypoxic injuries, it’s essential to know the differences and how they affect your claim. Hiring a knowledgeable medical malpractice lawyer can guide you through general and special damages, ensuring you’re compensated for both tangible and intangible losses.