How Does a TBI Lawyer Prove Negligence Caused the Brain Injury?

How Does a TBI Lawyer Prove Negligence Caused the Brain Injury?Traumatic brain injuries (TBI) represent 1/3 of the deaths due to injury in the US. TBIs account for more than 2.5 million hospital visits every year. Injuries and death usually result from a penetrating brain injury, a severe blow to the head, or even medical negligence. A personal injury lawyer can help you better understand your legal options.

A TBI is not only potentially serious, even deadly, it also can lead to a number of financial hardships: loss of employment, lost wages, and even medical bills. Worst still, brain injuries can become worse, leading to lifelong disability and loss of autonomy, or even death.

While it can be inconvenient and even dangerous, your lawyer may be able to prove negligence if they can find a direct or indirect link between what someone did that caused the injury. If your personal injury attorney can prove a link, you may be able to hold the negligent party responsible for the TBI injury.

Types of Brain Injuries

With so many different types of brain injuries, they generally fall into two primary injuries: penetrating injuries and closed head injuries. Of course, more extensive brain injury do happen, with classifications as primary or secondary by medical professionals.

  • Anoxic brain injury
  • Contusion
  • Concussion
  • Penetrating brain injury

Causes of Brain Injuries

Common TBI causes include assaults, falls, and motor vehicle crashes. Recreation and sports injuries account for thousands of injury cases every year in the US. Many of the people affected are under the age of 19.

The most common type of TBI is the concussion. The Centers for Disease Control and Prevention (CDC) classifies the concussion as a mild form of brain injury. It’s can have long-term and even life-threatening effects, which, in rare instances, may result in a blood clot forming in the brain.

How Will Your Attorney Prove Negligence?

Brain injuries are unique in how they happen and how they affect you in the short-and-long-term. With brain injuries, you’ll probably need specialized care and rehabilitation services, which are not cheap. In many cases, your insurance will probably not pay the entire cost. Even though you need specialized services, your insurance company will probably not cover the specialized services for the rest of your life.

To get what the kind of comprehensive coverage and care you need for the long run, you need an experienced attorney, who is dedicated to fighting for your rights. Your attorney may be able to get you the medical attention you need, with fair and just compensation rights. Because of how complicated brain injury settlement cases can be, they are often settled out of court.

However, your attorney will need to determine the value of the settlement and whether it will be enough to cover your needs. If you and your lawyer can prove negligence, you may receive compensation. But, you could also find that you can’t prove negligence, which means you won’t receive any compensation at all for the cost of your injuries and the life-long projections of specialized care and service. As a legal matter, it may be difficult to prove that it wasn’t just an accident.

You have a story to tell, but so does the other side. You must be compelling, but you also need assistance from a lawyer to demonstrate that you were not in any way at fault either before, during, or after the accident. Here are a few considerations:

  • The defendant did or did not do something that led to your injuries.
  • Were other people involved in causing your injuries?
  • Did you assume a risk of harm when you incurred the injuries? This situation would make it harder for you to prove negligence and obtain a settlement.
  • Your injuries were incurred due to the negligence of another party.
  • In instances of malpractice, you must prove that the person causing your injuries breached their legal duty of keeping you safe.
  • Gross negligence participated in the personal injury claim in ways that go beyond simple carelessness.
  • You suffer from a brain injury, evidenced by medical records and other witness statements.
  • The defendant’s actions or lack of action directly led to your injury.
  • You must prove that the defendant’s negligence caused your brain damage.
  • You must show that you contributed in no way to your brain damage and other images if relevant.
  • The defendant’s actions did not align with what the average citizen would do. Instead, the actions were dangerous, causing brain damage to you.
  • Your attorney may work to prove that the defendant did not fulfill their responsibility to keep you and others in the vicinity safe and protected from harm.

The evidence you gather in the case is important because it will help you prove the facts and what the eventual outcome of the case will be. You’ll need to make a list and consider all the evidence that you need to collect, including pictures, eyewitnesses’ testimonials of your accident and injuries, video evidence, and all documentation. You’ll also be looking for paperwork and evidence from employment records, law authorities, medical professionals, and any other person who may be able to help you with your case.

It’s never easy to prove negligence. But when you are searching for the right experienced attorney, you need to find a legal team who can demonstrate that they are dedicated to helping you to win, with a track record of compensation cases. This attorney should also know the state laws, so they can help you recoup some or all of your injury costs that are possible in your state. It’s never okay to allow a negligent person to just walk away from their culpability. They need to pay for their negligent acts.

Your first call is often a free, no-obligation consultation. Any time when negligence causes a TBI, your lawyer will want to hear your story. Then you’ll need to decide whether they are the right option for your needs both now and in the future.

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