While any type of injury can lead to pain, stress, and substantial costs, some injuries result in permanent life changes. One of the most catastrophic and severe types of harm that someone can suffer in an accident is brain damage. A brain injury can arise in a wide variety of situations, including car accidents, construction and workplace accidents, medical malpractice, and the use of a dangerous product.
Establishing Negligence in a Brain Injury Case
Those who suffer from brain injuries can pursue justice regardless of the type of accident they were involved in. However, the type of accident will determine how the case is handled.
If you or someone you love has suffered from brain trauma, you can file a personal injury claim to recover compensation for damages. The type of accident that gave rise to your injury will affect the elements that you must establish in your claim. If you or your loved one was injured in a car accident, for example, you must prove that the defendant was negligent. This involves showing that the defendant owed a duty of care but failed to act accordingly, and that the injuries occurred as a direct result.
In a premises liability action, which covers situations in which someone is hurt on another party’s property, you must show that the property owner failed to maintain the premises in a reasonably safe condition or failed to provide adequate warnings about a known dangerous condition. Common injuries in these accidents involve slip-and-falls, which can lead to serious brain trauma.
Medical malpractice incidents may also give rise to head injuries, particularly in situations that involve failing to provide timely medical attention, prescribing the wrong medication or an incorrect dosage of medication, or failing to provide sufficient assistance to patients at rest homes. The elements that a plaintiff must prove in a medical malpractice action vary according to the type of health care professional involved. Generally, these cases require the plaintiff to show that the defendant failed to administer the same care and attention that a physician in good professional standing in the same specialty would provide to a similar patient.
The next step of the case requires the plaintiff to show that the harm was the direct result of the brain damage that he or she suffered. This can require testimony from expert witnesses as well as a thorough pre-trial investigation. Finally, reasonably quantifiable damages must have resulted. These may include hospital bills, the costs of future treatment, loss of future earning capacity, pain and suffering, and more.
Find a Trusted Personal Injury Attorney
Brain injuries often require substantial medical care, both immediately after they happen and well into the future. While nothing can take away the trauma of a brain injury, pursuing justice and receiving compensation can help provide for the victim’s future. Matt Uhrig understands how important these cases are, and he can provide you with the compassionate counsel you deserve.
