Those who have suffered a brain injury have had some of the most painful experiences of their lives. They are tough to recover from and may have a profound impact on your life.
You may be unable to work, you may become reliant on others, and you may not even be able to conduct the most basic of duties on your own. The healing process is long and may result in growing medical expenditures, rehabilitative expenses, and, in some cases, the need for temporary living arrangements.
A brain injury sustained in an accident, such as a severe concussion or brain damage, may qualify you for compensation under the law.
Understand the Legal Basis of Your Case
Understanding the legal grounds for your claim will further assist you in gathering all of the evidence necessary to support your claim. It is critical to understand the legal basis on which your case will be founded. This will determine what evidence you need to provide to prevail in your lawsuit or settlement negotiations.
The majority of brain injury cases are founded on a legal concept known as negligence. According to legalese, to establish a negligence claim, the person filing the lawsuit (referred to as the “plaintiff”) must demonstrate that the party they are suing (referred to as the “defendant”) is legally accountable (or “at fault”) for the damage.
To win a legal action based on negligence, a plaintiff must first establish it. They must prove that the defendant was required by law to use reasonable care or “duty of care” and that the defendant failed to use reasonable care in handling the plaintiff. They must also show that the plaintiff’s injuries were caused by the defendant’s action (or inaction) and that the plaintiff sustained measurable injuries or losses under the law.
Brain injuries are sometimes more complicated to recognize than other forms of injuries. Gathering as much information concerning the brain damage and the event as possible can help prove your case. In a case, proving that brain damage happened and attributing that impairment to the defendant’s conduct might be difficult.
Gather the Necessary Evidence
A qualified and experienced attorney will ask you about the circumstances surrounding your head or brain damage. It is normal for people who have suffered a brain injury to have memory loss regarding the events leading to the damage. Be honest with your lawyer and collect as much information as possible from various sources such as witnesses and accident reports.
Brain injuries may be challenging to diagnose, and it is entirely plausible that they will be misdiagnosed or overlooked during emergency care after an accident or other traumatic event. If your medical practitioner fails to diagnose your brain damage due to negligence, you may be entitled to compensation. Brain damage symptoms include changes in focus, memory, and emotion and changes in mood and behavior.
Conclusion
If you believe someone is legally responsible for your head or brain injury and want to file a lawsuit, the first step is to speak with a qualified brain injury lawyer who specializes in this type of litigation. Because brain injury cases include complicated legal and medical considerations, it’s critical to talk with a knowledgeable and experienced attorney.
For a qualified brain injury lawyer, look no further than Ronemus & Vilensky. We fully comprehend brain injury law and work with qualified neurological and other medical professionals to research the complex medical concerns involved in brain damage claims. We recognize that this is a stressful, frustrating, and costly time for you and your family. Contact us today for a consultation.