There are several causes that may lead to a brain injury. From sports activities to deadly car accidents, people can undergo severe brain damage which may alter their entire course of life. If you or your loved one has been in an accident that led to brain injury, you are entitled to compensation under the law. You can click here to learn more.
In this blog, we will outline the various steps you must take to file a brain injury lawsuit. So, let’s get started.
Get the Right Legal Help
If you think that someone is legally responsible for your brain injury, you can file a claim to seek compensation. And for that, it is advisable to consult the services of a professional brain injury attorney.
Seeking compensation for your claim involves negotiating with insurance companies. These companies are often hard to deal with as their primary aim is to reduce the compensation amount as much as possible. A good attorney who is experienced in such cases will represent your case in front of the insurance providers and speak on your behalf. They will also take care of all the legal matters involved in the process of litigation.
Understand the Legal Basis of Your Case
This is a crucial step as it will help you prove liability in court. It is seen that most brain injury cases are built on the legal idea of negligence. Essentially, this kind of claim requires the injured party or the plaintiff to prove that the defendant or the opposing party is legally responsible for the injury.
To ensure the success of a legal action based on negligence, the plaintiff must demonstrate the following:
- The defendant was mandated by law to act judiciously and carefully
- The defendant failed to act with care and responsibility toward the plaintiff
- The plaintiff’s injuries were caused due to the direct action of the defendant
- The plaintiff’s injuries or personal loss is measurable under the law
Moving on, a brain injury claim may also be based on defective product liability. For instance, if you believe that your brain injury happened because of some defective product, you may be able to sue all the companies involved in the manufacture and distribution of the product.
Collect Evidence about the Accident and the Injury
Diagnosing a broken limb is much easier than identifying a brain injury. It may involve several symptoms such as changes in behavior, emotion, or even memory loss that may not be very evident for quite some time.
An experienced brain injury attorney will ask you questions about how you hurt your head, where did the accident happen, what were you doing at that time, and many more. They will help you gather as much evidence about the brain injury as possible by helping you recall the details of the accident. And all this evidence will come in handy while proving liability in court and getting the rightful compensation for your loss.