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What is a Head Injury Lawyer?

By John Kinsellagh
Updated May 17, 2024
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A head injury lawyer is an attorney who specializes in cases in which the head trauma injuries sustained by his client were the result of the negligence of a third party. Such cases may include head injuries sustained as a result of hazardous conditions in the workplace, or as a result of using a particular consumer product. Most attorneys who specialize in head injury cases have expertise in proving compensable damages resulting from physical impairment caused by the specific head trauma injuries. Often, the attorney will enlist the support of qualified medical personnel to assist them to make this determination before a jury, if the case goes to trial.

Many head injury lawyers specialize in bringing product liability lawsuits against manufacturers of defective products, for head injuries sustained by their clients, as a result of the defective design or manufacture of a particular product. The range of products that might prove defective includes manufacturers of head safety gear, such as bicycle, motorcycle, or sports helmets. Other defective products that may indirectly cause head injuries to consumers might include automobiles or other vehicles, and parts of them that may cause severe head injuries to the driver or passengers during a collision.

Other defective product cases brought by a head injury lawyer might include circumstances where a manufacturer failed to adequately warn potential users that use or misuse of the product could lead to severe head injuries. Even if the product itself was not clearly defective, manufacturers have a legal duty to warn consumers of any potential injuries that may occur from the use of it. Under many jurisdictions' negligence law, consumer misuse of a particular product will not necessarily prevent the recovery of damages in a products liability action. If the manufacturer knew, or should have known, that such product misuse was a common occurrence, they may be held liable for any resulting head injuries sustained.

In order to prove his case, a head injury lawyer must demonstrate, in court, the connection between the alleged defect in the product and the resulting head injuries sustained by his client. In order to prevail in such a case, a head injury lawyer will need to find engineering experts who can testify that an alternative design in the product was feasible, and would have diminished the risk of injury. If a sufficient number of head injury incidents have occurred through the use of a specific consumer product, a head injury lawyer may file a products liability class action suit against the manufacturer of that product.

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