It is hard to fathom the challenges faced by victims of traumatic brain injuries. Compared to several traumatic injuries, such as the loss of a limb, there is no easy way to imagine how life may look after physical or chemical changes to the organ that dictates how we perceive everything within and around us.
There are several laws that protect people with brain injuries and their rights to be included as full participants in social and civic life. Occasionally, people must defend these rights if others find it more useful or expedient to protect their own interests even in defiance of the law.
A former Marine filed a suit against a prospective landlord under the Fair Housing Act after he was denied an application for housing allegedly based on his service dog. The man suffered a traumatic brain injury and required a canine companion as recommended by a doctor. However, the management decided the certified and uniformed dog would violate their prohibition on residential pets.
The case looks set for settlement, as the plaintiff announced a preliminary deal that would drop the standing lawsuit. The suit sought a declaration of discriminatory conduct as well as financial damages and attorneys’ fees. Settlements often satisfy plaintiffs’ needs without declarations or other liability-related legal damage to defendants.
Victims of discrimination based on traumatic brain injuries may have a similar case for damages that cover a person’s actual losses and noneconomic damages such as loss of emotional security. Legal representation may help prospective plaintiffs understand the landscape around applicable laws and the chances of winning a suit.