Alabama Hypoxic Brain Injury Lawyer

A hypoxic brain injury can have devastating consequences that forever change the lives of victims and their loved ones. When deprived of adequate oxygen, the brain can suffer permanent effects that require costly, ongoing medical care. If someone else’s negligence caused the injury, a skilled and experienced personal injury lawyer can help victims and their families understand their rights and fight for full compensation.

At Gartlan Injury Law, we proudly protect the rights of Alabama residents and their loved ones when a brain injury causes them life-altering harm. Our experience is reflected in the heartfelt testimonials of our satisfied clients and our record of results.

Our team will investigate your claim, identify all liable parties, and then fight for the accountability you deserve. Contact us today for a free consultation with a skilled, compassionate, and experienced brain injury attorney and learn more about how we can help you.

What Is a Hypoxic Brain Injury?

A hypoxic brain injury occurs when the brain receives less oxygen than it needs to function properly. Unlike other traumatic brain injuries (TBIs) caused by a blow to the head, hypoxic injuries result from interrupted or reduced oxygen supply. The severity of the injury depends on the extent of oxygen deprivation and the speed at which treatment was provided.

Common symptoms of a hypoxic brain injury include:

• Confusion
• Headaches
• Dizziness
• Memory problems.

Depending on the severity of the injury, victims may also experience mood changes, fatigue, speech difficulties, or loss of consciousness.

What Are Common Causes of Hypoxic Brain Injuries?

Hypoxic brain injuries can result from various situations, often due to medical emergencies or preventable accidents. Common causes of these severe brain injuries include:

• Oxygen deprivation
• Cardiac arrest
• Severe asthma
• Near drowning
• Smoke inhalation
• Birth injury

Often, these injuries could have been prevented with proper monitoring or safety measures. At Gartlan Injury Law, we will fight to hold the at-fault party accountable when they could have prevented this tragic injury to you or your loved one and failed to do so.

How Is a Hypoxic Brain Injury Different from an Anoxic Brain Injury?

Both hypoxic and anoxic brain injuries involve oxygen-related brain damage. Still, they are distinct injuries.

• A hypoxic brain injury occurs when the brain receives reduced oxygen.
• An anoxic brain injury occurs when the brain receives no oxygen at all.

Anoxic injuries generally have severe consequences because the brain is completely deprived of oxygen. Hypoxic injuries can also cause permanent brain damage, especially if oxygen levels remain low for an extended period.

Are Hypoxic Brain Injuries Treatable?

Treatment for hypoxic brain injuries depends on the severity of the injury and how quickly care begins. Immediate treatment often focuses on restoring oxygen levels and stabilizing the patient. Long-term treatment for brain injury victims may include:

• Physical therapy
• Occupational therapy
• Speech and cognitive therapy
• Medications to manage symptoms

While treatment can improve quality of life and function, some hypoxic brain injuries result in permanent disabilities that require ongoing care.

What Are the Long-Term Effects of a Hypoxic Brain Injury?

The long-term effects of a hypoxic brain injury vary widely from case to case. Some individuals recover with minimal limitations, while others face lifelong challenges. Potential long-term side effects include:

• Chronic memory and attention problems
• Difficult with speech or communication
• Personality or behavioral changes
• Loss of independence
• Increased risk of seizure or other neurological conditions

These effects can impact a person’s ability to work, maintain relationships, live independently, and enjoy everyday life. Your lawyer at Gartlan Injury Law can work with medical professionals to document these impacts and assess the full value of your claim.

Can I Sue for a Hypoxic Brain Injury?

If someone else’s negligence or wrongdoing caused a hypoxic brain injury, you may have the right to seek fair compensation through a personal injury lawsuit. Liability depends on how the injury occurred (such as in a car accident or due to medical malpractice) and on whether someone breached a reasonable standard of care.

Depending on the circumstances of the injury, liable parties may include:

• Doctors, nurses, or hospitals
• Nursing homes or assisted living facilities
• Employers or job site supervisors
• Property owners or managers
• Manufacturers of defective medical or safety equipment

To build a successful hypoxic brain injury claim, you need strong evidence. Your lawyer at Gartlan Injury Law may gather evidence and analyze the following:

• Medical records and diagnostic imaging
• Expert medical testimony
• Incident reports and safety logs
• Surveillance footage or photographs
• Witness statements
• Employment or training records

What Damages Can I Recover in an Alabama Hypoxic Brain Injury Lawsuit?

A successful personal injury claim may allow you to recover compensation for financial and personal losses, including:

• Medical expenses (past and future medical costs)
• Lost income
• Physical pain and suffering
• Emotional distress
• Modifications to the home
• Punitive damages in cases of reckless or intentional misconduct.

Does Alabama Put Caps on Hypoxic Brain Injury Lawsuits?

Alabama law does not impose caps on economic or non-economic damages in most personal injury cases. When you file a lawsuit, you face no fixed limit on the compensation you can recover for your medical bills, lost wages, pain and suffering, and emotional distress.

However, Alabama does cap punitive damages in most bodily injury cases. These damages serve to punish the negligent party and deter similar misconduct in the future. Under Alabama law, punitive damages are available in cases involving: 

• Wrongful death
• Malice, wantonness, fraud, or oppression.

Punitive damages are generally limited to either $1.5 million or three times the compensatory damages awarded, whichever number is higher. An exception may apply depending on the circumstances of the case.

Is There a Time Limit for Filing a Hypoxic Brain Injury Lawsuit in Alabama?

Alabama law sets deadlines for filing most hypoxic brain injury lawsuits. The law typically gives you two years from the date of the injury to file. Missing this deadline can mean permanently losing your right to recover compensation.

To protect your rights and seek maximum compensation, it’s essential to consult an attorney as soon as possible. Evidence can be lost or destroyed, witness memories can fade, and insurance companies often employ stalling tactics to push claimants past the filing deadline. Don’t hesitate to seek legal counsel as soon as you can.

Contact an Alabama Hypoxic Brain Injury Lawyer

Our hard-working legal team at Gartlan Injury Law takes pride in providing honest legal representation, aggressive trial strategies, and pursuing results that make a difference in our clients’ lives. If you or your loved one suffered hypoxic brain injury due to someone else’s negligence, we will be ready to fight for the recovery you deserve. Contact us today for your free case evaluation. 

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