Traumatic brain injuries (TBIs) have life-altering consequences, ranging from mild TBIs like concussions to severe cases involving brain tissue damage. Brain injury victims seeking compensation through a brain injury lawsuit must prove several essential elements.
Below, we outline the seven key elements you must prove in a brain injury case to secure a solid settlement.
1. Duty of Care
Winning a brain injury claim starts with proving that the defendant owed you a legal duty of care. This duty changes depending on the context:
Everyday Activities: Drivers, for example, must follow traffic rules to avoid car accidents.
Industry Standards: Professionals, including healthcare providers or construction workers, must adhere to specific safety guidelines to protect others.
Reasonable care plays a crucial role in personal injury claims. Whether your case involves motor vehicle accidents or workplace accidents, failing to meet these standards establishes negligence.
2. Breach of Duty
After establishing duty, you must show that the defendant breached it. A breach happens when someone fails to act with reasonable care. Examples include:
Negligence in Daily Life: A distracted driver causes a car accident, resulting in head injuries.
Professional Negligence: A surgeon’s failure to follow protocol leads to a closed head injury or brain tissue damage.
This negligence often causes serious consequences for injured parties in traumatic brain injury cases.
3. Causation: Connecting the Dots
Causation has two parts:
Actual Cause: The defendant’s actions directly caused the brain injury.
Proximate Cause: The injury was a foreseeable outcome of the defendant’s actions.
For example, a brain injury attorney might argue that a workplace accident led to a diffuse axonal injury. Proving causation often requires testimony from medical professionals and analysis of medical records. Tools such as CT scans, MRIs, and Glasgow Coma Scale assessments provide critical evidence for establishing the extent of the injury.
4. Damages: Proving Harm
To recover compensation, you must demonstrate the damages caused by the injury. These can include:
Economic Damages: Medical expenses, hospital bills, lost wages, and diminished future earning potential.
Non-Economic Damages: Emotional distress, mental anguish, and loss of cognitive abilities.
An experienced personal injury lawyer can also use vocational rehabilitation specialists, life care planners, and economists to calculate long-term damages and future care costs. Personal injury lawsuits rely heavily on precise documentation. Working with an experienced attorney ensures you account for all recoverable damages.
5. Immediate Medical Attention and Evidence Collection
Receiving medical treatment is essential not just for recovery but also for building a strong legal case. A brain injury lawyer highlights the importance of:
Prompt Medical Attention: Immediate medical treatment establishes a clear link between the injury and the accident.
Thorough Evidence Collection: Gather medical records, witness statements, expert opinions, and even diagnostic tools like intracranial pressure monitoring to support your brain injury claim.
Defense lawyers may argue that delays in treatment weaken your case, making timely action vital.
6. Statutes of Limitations and Discovery Rules
Every state sets deadlines for filing a brain injury lawsuit. Important considerations include:
Statute of Limitations: Some states allow only a year to file, while others provide several years for personal injury cases. You need to ensure your case is filed within the statute provided for that specific claim.
Discovery Rule: Symptoms from issues like slow brain bleeds may surface later. Consulting a brain injury attorney helps determine the filing timeline and keeping a record of all medical records is just as vital.
Special exceptions may apply to minors, often extending the filing deadline until adulthood.
7. Workers’ Compensation and Alternative Claims
If your brain injury happened at work, you may qualify for a workers’ compensation claim instead of a lawsuit. Here are steps you need to take before filing a workers compensation claim:
Report your injury right away to your employer.
Seek medical attention promptly to ensure proper care.
Keep thorough records of your injury, treatment, and related expenses.
Maintain clear communication with your doctor and insurance company about the work-related nature of your injury.
Workers’ comp benefits typically include:
Coverage for medical bills and rehabilitation costs.
Compensation for lost wages and reduced earning capacity.
An experienced personal injury lawyer can guide you on whether workers’ comp or a personal injury lawsuit best fits your situation.
Additional Legal Considerations
Medical Malpractice: If brain damage results from a doctor’s negligence, such as improper surgical protocols, you may pursue a malpractice claim.
Comparative Negligence: Some states adjust compensation if the injured party shares fault for the accident. An experienced personal injury lawyer can navigate this complexity.
Common Traumatic Brain Injury Symptoms
Brain injuries affect brain function and often result in physical and emotional symptoms. Key signs include:
Headaches, dizziness, and nausea.
Trouble concentrating or remembering details.
Emotional distress, such as anxiety or depression.
Symptoms of mild traumatic brain injuries may initially appear minor but can lead to degenerative brain diseases over time. Accident victims should seek immediate medical treatment and not ignore warning signs.
Preparing for a Brain Injury Case
Success in a brain injury lawsuit requires careful preparation. Here’s what you should do:
Hire an Experienced Brain Injury Attorney: A skilled brain injury attorney ensures fair compensation and strong representation. If you’re unsure how to find the right lawyer for your case, ask potential candidates these 15 questions to make a well-informed decision.
Collect Evidence: Medical bills, expert opinions, and witness statements strengthen your claim.
Understand Recoverable Damages: Identify everything you can claim, from hospital bills to future medical care.
Work with a Legal Team: A collaborative approach ensures no detail is overlooked.
Frequently Asked Questions (FAQ) on Brain Injury Lawsuits
1. What should I do if I’ve suffered a traumatic brain injury (TBI) in an accident?
If you’ve experienced a traumatic brain injury, seek immediate medical attention to diagnose and document your condition. Medical records will play a crucial role in your brain injury claim. Then, consult a brain injury attorney to discuss your legal options and pursue maximum compensation.
2. How do I prove negligence in a brain injury case?
To prove negligence, you must show that the at-fault party owed you a duty of care, breached that duty, and caused your injury. Your personal injury lawyer will gather evidence, including medical records and expert testimony, to establish liability in your brain injury lawsuit.
3. Can I file a personal injury claim for a mild traumatic brain injury?
Yes. Even a mild traumatic brain injury can lead to long-term physical symptoms and emotional distress. If someone else’s negligence caused your injury, you have the right to pursue compensation through a personal injury lawsuit.
4. What damages can I recover in a brain injury claim?
In most personal injury cases, you can recover:
Medical bills (including hospital stays and rehabilitation)
Lost wages due to inability to work
Mental anguish and emotional distress
Compensation for degenerative brain diseases that may develop over time
An experienced personal injury attorney can calculate the full extent of your recoverable damages.
5. How long do I have to file a brain injury lawsuit?
The time limit depends on your state’s legal process. Many states have a statute of limitations for brain injury cases, which can range from one to several years. A law firm specializing in TBI lawsuits can help you file your claim before the deadline.
6. Do I need a brain injury lawyer to handle my case?
Yes. A brain injury lawyer understands the complexities of proving liability, negotiating with insurance companies, and ensuring you receive fair compensation. Choosing the right brain injury attorney can make all the difference in your case.
7. Can I sue for a brain injury caused by a car accident or workplace accident?
Yes. Motor vehicle accidents and workplace accidents often result in head injuries, including closed head injuries and brain tissue damage. If negligence played a role, an injury lawsuit can help you recover compensation for your losses.
8. How do I get started with a brain injury lawsuit?
The first step is scheduling a free consultation with an experienced brain injury lawyer. They will review your case, explain your legal options, and help you build a strong claim.
If you have more questions, contact a brain injury attorney today to protect your rights and secure the compensation you deserve.
Let Bourassa Law Group Fight for Your Justice
Winning a brain injury lawsuit involves proving negligence, damages, and causation while navigating complex legal processes. Whether your case involves workplace accidents, medical malpractice, or motor vehicle accidents, Bourassa Law Group is ready to assist. Even mild brain injury can cause significant loss and impact you both physically and emotionally, hence our attorneys are dedicated to ensuring you are compensated fully for your troubles.
Our experienced legal team specializes in brain injury cases and works tirelessly to secure maximum compensation. Contact us today for a free consultation and take the first step toward justice and recovery.
1-800-870-8910