1.4 million people in the US sustain a brain injury each year, according to the CDC. Brain injuries can result from car accidents, sports injuries and many other reasons; if you or someone you know has suffered a brain injury, you may be eligible for compensation. In this guide, you will learn the steps to follow if you’re contemplating legal action.
Find Legal Assistance
If you think someone else is liable for your brain injury and you want to sue, or if you’re applying for worker’s compensation, you should first speak to a personal injury attorney. A personal injury lawyer with a focus on brain injuries can handle the complex medical and legal issues that accompany such a case. If you need help proving the cause of a brain injury, call a brain injury attorney of Prochaska, Giroux & Howell, LLC in Kansas City, MO today.
Find a Legal Basis for Your Case
You should understand the legal theory behind your case, as it will determine what you need to prove in order to prevail in court. Understanding the theory behind your claim can help you gather evidence that’s pertinent to your case. Most brain injury suits are based on the theory of negligence. A claim requires the plaintiff to prove that the defendant is at fault for his or her injury. A successful negligence claim must prove the following:
That the law required a duty of care from the defendant
That the defendant failed to provide that minimum level of care, leading to an error or an accident
That the defendant’s action (or lack thereof) caused the plaintiff’s injury
That the plaintiff’s injury and loss (both emotional and economic) are measurable by law
Proving the circumstances of a brain injury, and connecting that injury to the defendant’s actions (for instance, showing that the defendant’s excessive speed was to blame for the crash that caused an injury) is difficult to do. Brain injuries are usually more complex and hard to detect than other types of bodily injury. Gathering sufficient evidence about the type and nature of the injury can help you prove your case. For help gathering the necessary information, call the offices of Business Name.
