According to the Brain Injury Association of America, approximately 2.8 million Americans sustain a traumatic brain injury annually. The association also suggests that there are well over 5 million people living with a disability that is permanent and related to brain injury.
According to a New Haven brain injury lawyer, you may be entitled to compensation if you have suffered a brain injury that is believed to have been the result of someone else’s negligence.
Proving liability for brain injury is not easy but is very important in gaining compensation. One has to establish that the person acted in a negligent way to connect the injury to the negligence in question.
Linking negligence to the victims who sustained a brain injury requires compiling evidence such as medical records and eyewitness statements. Expert opinion may also be required as part of your evidence.
Let’s discuss the process of finding out who is at fault for a brain injury.
Understanding Liability in Brain Injury Cases
If you or someone dear to you has an acquired brain injury, it is important to know almost everything about liability with respect to such cases and consider the relevant steps needed to gain justice and fair compensation.
Liability refers to the fact that one person will be accountable for the injuries caused to the victim following any incident. Liability may involve one or more persons or entities, such as a company or even governmental units.
Negligence plays a big part in brain injury cases. You would have to prove to the court that someone acted carelessly or failed to meet a duty of care that directly caused that injury.
Liability is not always a straightforward issue. Most of the time, several parties might be liable. You need to understand the state laws on comparative or contributory negligence. Local policies can significantly affect your case.
Gathering Evidence to Support Your Claim
Gathering strong evidence is just as important as establishing liability in supporting your claim. You need to collect medical records that reveal your brain injury, from diagnosis to treatment.
Provide a comprehensive account of all aspects related to the injuries. Date, time, and place, with a chronology of events as they occurred, will be helpful in strengthening the credibility of your claim. Try to search for eyewitnesses willing to get up and testify for you to corroborate your version of events.
You can also take photos of the accident site or any location where unsafe conditions are present. Keep any kind of expense associated with your injury. Medical bills, things lost, and wages you have not received are some of the things you can use to show the total cost you have incurred following your brain injury diagnosis. Collecting these documents will substantiate your financial claims.
Compile any emails or texts that reference the incident. All this evidence will help in putting together a stronger argument in your case and holding the other party guilty.
Consulting With Medical and Legal Experts
Consultation with health and legal authorities is imperative for going through the complications of a brain injury claim. Discussions with medical professionals would provide a very useful introduction to your injuries. These experts would probably assist you with diagnosis, treatment, and prognosis. They will provide qualified medical opinions that support your case.
Meanwhile, personal injury lawyers will help you deal with the processes of proving fault. According to personal injury lawyer Samuel B. Burke, a lawyer can help you prove the existence of negligence and how it became a contributing factor to your injury. They will help to collect all the required documents, determine liability, and evaluate the value of claims from a potential standpoint.
Dealing with the Legal Process for Your Case
After consulting the medical and legal experts, now you are ready to legally confront or deal with all processes concerning your brain injury case. To start with is to gather all pieces of evidence: medical records, accident reports, and statements from witnesses. That will be helpful as you continue to deal with the legal process.
You may also want to hire an attorney experienced in brain injury matters. Their expertise and experience will help you with gaining a deeper understanding of your rights.
Be ready for possible negotiations with insurance companies that would always try to ensure less from their side. Organizing it would also involve ensuring you track deadlines since filing must be done on time.
Lastly, keep in contact with your legal department so that you may be updated along the way.
Building a Compelling Argument for Fault
Establishing fault should be the very core of your arguments. Gather evidence that indicates the other party’s negligence. Every element of proof, from medical records, accident reports, and witness statements, should be included. Compile all evidence related to your injury, including documentation that demonstrates how your injury negatively impacted your normal life and work.
Next, establish a direct connection between their actions and your injury. Draw the attention of the jury to any safety violations or reckless behavior on the part of the alleged wrongdoer that created a causal link to your situation. Use expert opinions to back up your claims whenever you deem it necessary.
Finish with a clear and confident presentation demonstrating how the injury has impacted your life. A compelling argument is the key to helping you obtain compensation and to holding the party responsible.