Every year, up to 1.4 million people in the U.S. suffer a injury to the brain, according to estimates from the Centers for Disease Control and Prevention (CDC). Brain injuries can be brought on by everything from automobile accidents to sporting activities. If you or perhaps a family member has been around an accident and a break down head trauma -- for example severe concussion or brain damage -- you may be eligible for compensation underneath the law. This short article outlines the steps to take if you are considering legal action.
Find Expert Legal Help
If you think someone is legally liable for your head or injury to the brain and also you want to file a lawsuit -- or perhaps if you're negotiating by having an insurance company, making a workers' claim, or applying for other benefits -- the first thing you could do is speak with a qualified personal injury lawyer who specializes in injury to the brain litigation. Injury to the brain cases raises complex legal and health problems, so it's vital to speak with someone who is qualified and experienced.
Know the Legal Basis of Your Case
You need to comprehend the legal theory on which your case will be based, because this will dictate what you will have to prove in order to win your lawsuit or settlement. Understanding the legal foundation of your claim will even assist you to gather all evidence that's relevant to your case.
Most injury to the brain lawsuits are based on a legal theory called negligence. A negligence claim requires the person bringing the lawsuit (the "plaintiff" in legalese) to prove the party they are suing (called the "defendant") is legally responsible (or "at fault" for) damages.
To succeed in a legitimate action according to negligence, a plaintiff must show all of the following:
• The law required the defendant to become reasonably careful (in legalese, the defendant owed the plaintiff a "duty of care").
• The defendant failed to act with reasonable care toward the plaintiff.
• The defendant's action (or inaction) caused the plaintiff's injuries.
• The plaintiff suffered injuries and/or losses which are measurable under the law.
(For additional info on negligence and proving fault
Proving that the injury to the brain occurred and linking that injury to the defendant's conduct (for example, showing the defendant's bad driving -- and not some other event -- was what caused the plaintiff's brain injury) can be a tall order in a lawsuit. Brain injuries are often more complicated and difficult to detect than other types of injuries. So gathering just as much evidence as you possibly can about the nature of the brain injury and also the accident will assist you to prove your case.
Only a certified, knowledgeable and experienced Dallas Accident injury attorney can help you claim the right compensation to meet your needs.
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Harvard McIntosh is a free lance article author and legal expert with special interests Plano injury lawyer and Richardson injury lawyer.
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