Alcohol-Related Brain Injury: Do You Have Grounds for a Lawsuit?

Alcohol-Related Brain Injury: Do You Have Grounds for a Lawsuit?

Alcohol-related brain injury (ARBI) is a serious condition that can significantly impact a person’s life. Did you know that around 2 million Australians are potentially at risk of developing ARBI due to their drinking habits? If you or a loved one has suffered from an alcohol-related brain injury, you may be wondering if you have grounds for a lawsuit. This blog post will explore the legal aspects of ARBI, potential causes of action, and what you need to know to determine if you have a viable case.

Understanding Alcohol-Related Brain Injury (ARBI)

ARBI is an umbrella term for brain damage resulting from long-term, excessive alcohol consumption. It’s crucial to understand that ARBI isn’t just one condition; it encompasses a range of disorders affecting brain function and structure. Regularly consuming alcohol at risky levels over time can cause your brain to shrink, damage your heart (reducing blood supply to the brain), and cause a lack of thiamine (vitamin B1).

Types of ARBI

Several conditions fall under the umbrella of ARBI, each with distinct characteristics:

  • Wernicke-Korsakoff Syndrome (WKS): This is one of the most well-known forms of ARBI, resulting from a severe thiamine deficiency. WKS involves two stages: Wernicke’s encephalopathy and Korsakoff’s psychosis. Wernicke’s encephalopathy often has a sudden onset and is characterized by movement and balance problems, loss of coordination, confusion, disorientation, and abnormal eye movements. Korsakoff’s psychosis is a chronic condition involving short-term memory loss, difficulty concentrating, and confabulation (creating false memories).
  • Alcohol-Related Dementia: This condition shares similarities with Alzheimer’s disease, affecting memory, thinking, and behavior.
  • Hepatic Encephalopathy (HE): This occurs when the liver is severely damaged (often by alcohol) and can no longer remove harmful substances from the blood, leading to brain damage. Symptoms can range from mild confusion to personality changes.
  • Cerebellar Atrophy: Causes balance and coordination issues.
  • Peripheral Neuropathy: Leads to sensory issues with the hands, feet, and legs.
  • Frontal Lobe Dysfunction: Affects cognition, behavior, and personality.

Symptoms of ARBI

The symptoms of ARBI vary depending on the type and severity of the brain damage. Common symptoms include:

  • Memory loss and difficulty learning new information
  • Confusion and disorientation
  • Impaired judgment and problem-solving skills
  • Difficulty with coordination and balance
  • Changes in personality and mood
  • Slurred speech
  • Vision problems (e.g., double vision, jerky eye movements)
  • Muscle weakness

Potential Legal Claims

If you or a loved one has been diagnosed with ARBI, several legal avenues may be available, depending on the circumstances:

1. Negligence Claims

  • Drunk Driving Accidents: If ARBI resulted from a car accident caused by a drunk driver, you could pursue a negligence claim against the driver. Driving under the influence impairs judgment, coordination, and reaction time, making accidents more likely.
  • Establishing Negligence: To win a negligence case, you must prove the following [13, 14, 15, 16]:
    • Duty of Care: The defendant owed you a duty of care (e.g., a driver has a duty to operate their vehicle safely).
    • Breach of Duty: The defendant breached that duty (e.g., by driving drunk).
    • Causation: The breach directly caused your injuries (e.g., the drunk driver’s actions led to the accident and your ARBI).
    • Damages: You suffered damages as a result of the injury (e.g., medical expenses, lost wages, pain, and suffering).

2. Dram Shop Claims

  • Holding Establishments Accountable: Dram shop laws allow you to sue a bar or restaurant that served alcohol to a person who then caused your injuries [10, 19, 21, 24, 30]. These laws vary significantly by state.
  • Florida’s Dram Shop Law: For example, Florida law (F.S. 768.125) allows liability only if the vendor served alcohol to someone underage or known to be habitually addicted to alcohol [10].
  • Illinois Dram Shop Act: The Illinois Dram Shop Act provides for civil liability for injuries caused by persons who become intoxicated by alcoholic beverages provided by the dram shop [19, 21, 24]. The statute of limitations against a dram shop is only one year from the date of the accident [19, 21, 24].
  • Proving Liability: To succeed in a dram shop claim, you generally need to prove that the establishment [30]:
    • Sold or furnished alcohol to the person who caused the injury.
    • The person was underage or visibly intoxicated when served.
    • The alcohol contributed to their intoxication.
    • The intoxication caused the accident and your injuries.

3. Medical Malpractice

  • Failure to Diagnose or Treat: In some cases, ARBI can be worsened by a healthcare provider’s failure to diagnose or properly treat the condition [11]. This could lead to a medical malpractice claim.
  • Inappropriate Medication: Anoxic brain injury can be caused by an inappropriate combination of medications [11].
  • Establishing Malpractice: To prove medical malpractice, you must show that the healthcare provider’s actions fell below the accepted standard of care, directly causing harm.

4. Product Liability

  • Defective Alcohol Products: Though rare, if ARBI resulted from a defective or contaminated alcohol product, a product liability claim might be possible.

Damages You Can Recover

If you have a valid claim, you may be entitled to various types of compensation [6]:

  • Medical Expenses: This includes past and future costs of hospitalization, treatment, rehabilitation, and assistive devices.
  • Lost Wages: Compensation for lost income due to your inability to work, as well as future earning potential.
  • Pain and Suffering: Damages for the physical and emotional distress caused by the ARBI.
  • Loss of Enjoyment of Life: Compensation for the impact the injury has on your ability to enjoy life’s activities.
  • Punitive Damages: In cases of extreme negligence (e.g., a drunk driver with a high BAC), punitive damages may be awarded to punish the responsible party.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. This deadline varies by state and type of claim. Missing the deadline means losing your right to sue.

  • General Personal Injury: In many states, the statute of limitations for personal injury cases (like those stemming from drunk driving) is typically two years [19, 21].
  • Dram Shop Claims: Dram shop claims often have a shorter statute of limitations, sometimes as little as one year [19, 21, 24].
  • Medical Malpractice: Medical malpractice statutes of limitations can also vary, often depending on when the injury was discovered.

Steps to Take If You Suspect ARBI

  1. Seek Medical Attention: Get a thorough medical evaluation and diagnosis.
  2. Gather Evidence: Collect medical records, accident reports, witness statements, and any other relevant documentation.
  3. Consult an Attorney: Contact a personal injury attorney experienced in brain injury cases and alcohol-related incidents.
  4. Document Everything: Keep a journal of your symptoms, treatments, and how the injury affects your daily life.

The Importance of Legal Counsel

Brain injury cases, especially those involving alcohol, can be complex. An experienced attorney can help you:

  • Investigate the Accident: Determine the cause of the ARBI and identify all potentially liable parties.
  • Assess Your Legal Options: Evaluate the strength of your case and advise you on the best course of action.
  • Negotiate with Insurance Companies: Handle communications with insurance companies and fight for a fair settlement.
  • Represent You in Court: If a settlement cannot be reached, your attorney can represent you in court.
  • Determine Liability: Your attorney will determine liability by investigating the circumstances surrounding the injury [6]. In alcohol-related cases, liability may rest with a drunk driver, an establishment that over-served alcohol, or other parties involved in the incident [6].

Finding the Right Attorney

When choosing an attorney, look for someone with experience in:

  • Brain injury litigation
  • Drunk driving accidents
  • Dram shop laws
  • Medical malpractice (if applicable)

Conclusion

If you or a loved one is grappling with the effects of alcohol-related brain injury, understanding your legal rights is essential. While navigating the complexities of ARBI and the legal system can feel overwhelming, remember that you don’t have to do it alone. By seeking medical attention, gathering evidence, and consulting with an experienced attorney, you can take the first steps toward pursuing justice and securing the compensation you deserve.