Thanks to our friends and contributors from Cannon Hadfield Stieben & Doutt, LLC for their insight into brain injury cases.
How to Determine Liability for a Brain Injury Case
Brain injuries are much more common than they sound. About 1.4 million people report experiencing brain injuries annually. You can sustain a brain injury doing something as simple as slipping on a sidewalk or as serious as being in a car accident. Depending on the severity of the accident, you may suffer from serious, or even fatal injuries. Read the following article to familiarize yourself with the basics of brain injury cases and what determines their possible outcomes.
Proving Liability Through Negligence
The success of the brain injury case depends heavily on proving that the defendant was liable for the injury you suffered. This will be tricky because brain injuries can be difficult to detect and may take time to present symptoms. The plaintiff must usually prove three things:
- The negligent behavior was because of the defendant’s judgment.
- They did not comply with their duty of care.
- The negligent actions directly resulted in your injur(ies).
Evidence is Key to Success
You must, like in any legal matter, provide adequate evidence in order to prove that you have cause to pursue damages.
- You must prove through medical documentation that your injuries were directly related to the accident/incident.
- Your physician should provide you copies of any and all documentation of rehabilitation, care and treatment for your injuries.
- You must document all your expenses in order to determine how much compensation you should receive.
Damages Possible in a Brain Injury Case
The financial impact of a brain injury can put you and your family into major debt due to the complications that can arise from such a serious condition. It is extremely likely that you will receive expensive bills which can include:
- Medical Expenses
- Damage to property such as a motorcycle or car if you are in an accident
- Funeral expenses for the loved one if they pass during the accident or after as a result of complications.
- Lost wages for victim or for family members caring for them.
- Loss of future earning capacity due to the brain injury.
- Pain and Suffering/ Emotional Damages
This process can be expensive, emotionally wrenching and time consuming. Having an experienced Brain Injury Lawyer Fort Collins, CO residents trust by your side can alleviate some of the stress and help you focus on the care of you or your loved one. Do not wait, call for a free consultation today to examine your legal options. No one should have to go through such a devastating situation, you should pursue damages to compensate for your horrible ordeal.