Alcohol and TBI Issues in an Injury Lawsuit

Alcohol and brain injuries share a complex and often detrimental relationship. Alcohol impairs cognitive functions, coordination, and judgment, increasing the risk of accidents that can lead to TBIs. Moreover, alcohol can worsen TBI symptoms, hinder the healing process, and increase the risk of complications.

Individuals with TBIs are advised to exercise caution with alcohol consumption, as it can complicate recovery and potentially lead to further harm. If you have experienced a brain injury that was made worse by the use of alcohol or was caused by the use of alcohol, you may be able to bring a case for damages. 

Brain injury cases involving alcohol are very complicated, so it is important to consult with an attorney who is experienced in brain injury lawsuits. Contact the lawyers at The Brain Injury Law Center online or by calling (757) 244-7000. Our firm has handled countless brain injury lawsuits and we are standing by to help you begin the legal process. 

Can Alcohol Use Cause a Brain Injury?

Alcohol use can indirectly contribute to brain injuries through impaired judgment, coordination, and increased risk-taking behaviors. Alcohol impairs cognitive functions, including judgment and decision-making. This impaired judgment can lead individuals to engage in risky behaviors that increase the likelihood of accidents and, subsequently, brain injuries. 

Possible brain injuries contributed to excessive alcohol consumption may include: 

• Coma
• Traumatic brain injury (TBI)
• Alcoholic psychosis
• Hypoxia or lack of oxygen to the brain
• Wrongful death

Intoxicated individuals may be more prone to engaging in reckless driving, physical altercations, or dangerous activities. One of the most well-known and dangerous consequences of alcohol intoxication is the increased propensity for reckless driving. This not only endangers the intoxicated driver but also poses a grave threat to other road users.

Alcohol can hinder the brain’s ability to heal and recover after a TBI. Consuming alcohol while you are recovering from a brain injury is not advised. It may impede the brain’s natural healing processes and potentially prolong the recovery period. Alcohol misuse also contributes to long-lasting effects that may not become apparent until much later in life. 

While normal use of alcohol may not directly cause traumatic brain injuries, it increases the likelihood of accidents and situations where severe head injuries can occur. Responsible alcohol consumption and avoiding activities involving excessive risk-taking while under the influence are essential steps in reducing the risk of alcohol-related brain injuries.

Alcohol Use and Brain Injuries 

A common misconception is that if you were injured in any kind of accident while under the influence of alcohol, you may not pursue a claim for damages. This is not true. You may still be able to pursue claims for damages if you were involved in an accident while drinking. 

The outcome and success of your claim may depend on the circumstances of the accident and your level of intoxication. Talking to a brain injury attorney will give you more insight into the type of claim available to you. 

Are Damages Available in a Brain Injury Lawsuit? 

Damages are typically available in a brain injury lawsuit. When someone sustains a brain injury due to the negligence or wrongful actions of another party, they may be eligible to seek compensation for various types of damages. These damages can help cover the financial and non-financial losses associated with the injury. Common types of damages in a brain injury lawsuit include:

• Medical Expenses: This includes the costs of hospitalization, surgeries, doctor visits, rehabilitation, medication, therapy, and assistive devices related to the brain injury.
• Lost Wages: If the injury prevents the victim from working or results in reduced earning capacity, they may be entitled to compensation for lost income and future earning potential
• Pain and Suffering: Damages for pain and suffering aim to compensate the victim for physical and emotional distress caused by the brain injury. These damages are typically subjective and vary from case to case.
• Loss of Enjoyment of Life: Brain injuries can significantly impact a person’s ability to enjoy life’s activities and experiences. Compensation may be awarded for the loss of quality of life and the inability to engage in hobbies or interests.
• Punitive Damages: In cases of extreme negligence or intentional harm, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.

The specific damages available in a brain injury lawsuit can vary depending on the circumstances of the case, the severity of the injury, and the laws of the jurisdiction in which the lawsuit is filed. It’s essential to consult with an experienced personal injury attorney to assess your case, determine the potential damages, and pursue the compensation to which you may be entitled.

How Can I Pursue a Brain Injury Alcohol-Related Lawsuit?

If you or a loved one has suffered a brain injury related to alcohol, the first and most crucial step is to seek immediate medical attention. Document the injury and follow all recommended medical treatments, while keeping thorough records of expenses and treatments. Next, consult with a qualified personal injury attorney who specializes in brain injury cases involving alcohol-related incidents. 

A brain injury lawsuit related to alcohol involves specific legal steps to establish liability and seek compensation for your injuries. It is crucial to consult with an experienced personal injury attorney who specializes in brain injury cases involving alcohol-related incidents. They will assess the details of your case, explain your legal rights, and guide you through the legal process.

A brain injury attorney can help you by: 

• Determining Liability: Your attorney will determine liability by investigating the circumstances surrounding the injury. In alcohol-related cases, liability may rest with a drunk driver, an establishment that over-served alcohol, or other parties involved in the incident.
• Calculating Damages: Your lawyer can assess the financial and non-financial losses resulting from the brain injury. These may include medical expenses, lost wages, pain and suffering, and future care costs. Expert opinions from medical specialists may also be sought to provide testimony on the severity and long-term consequences of the injury.
• Gathering and Preserving Evidence: Your attorney will collect and preserve all evidence related to the accident and your injury. This may include photographs of the accident scene, witness statements, medical records, police reports, and any other relevant documents.

Each case is unique, and the specific circumstances of your injury will heavily influence the outcome. Consulting with an attorney who is well-versed in personal injury law and experienced in handling alcohol-related brain injury cases is crucial to understanding your options and pursuing a claim for damages effectively.

Traumatic Brain Injury Attorneys and Alcohol 

Establishing liability is a fundamental aspect of your case, and your attorney will investigate the circumstances surrounding the injury. In alcohol-related cases, liability may rest with a drunk driver, an establishment that over-served alcohol, or other parties involved in the incident. The presence or use of alcohol complicates a brain injury lawsuit. 

Alcohol’s impact on judgment, coordination, emotional regulation, and risk perception can lead to a range of risky behaviors, from reckless driving to physical altercations to participation in dangerous activities. These behaviors significantly increase the risk of accidents and injuries. It is important to be responsible about your alcohol consumption and avoid risky situations while under the influence.

Your attorney will work to establish negligence on the part of the responsible party, demonstrating that they had a duty of care, breached that duty, and that the breach directly led to the brain injury.

Contact an Experienced Brain Injury Attorney 

Choosing an experienced brain injury attorney is the most important step in bringing a lawsuit. A brain injury attorney can provide invaluable assistance if you or a loved one has suffered a TBI due to the negligence or wrongful actions of another party. 

The Brain Injury Law Center is dedicated to building the strongest possible case for you and representing your interests. The attorneys at the Brain Injury Law Center have brought many successful brain injury lawsuits that have resulted in substantial settlements and jury awards. This includes a 10 million dollar award to a man who sustained a brain injury in a car accident.

If you or someone you know has sustained a brain injury you may need to bring a lawsuit to hold the responsible party accountable. Contact The Brain Injury Law Center online or by calling (757) 244-7000. Our helpful associates are standing by to help you begin the legal process. 

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