What to do next?
Every year, almost 1.4 million people in the United States suffer a head injury or brain trauma, per statistics by the CDC. Head injuries can be caused by anything from car accidents to various sport events, and eve, a slip and fall. If you have been an accident caused by someone else and had a head injury, you could suffer a suffer a severe concussion or brain damage. You may be entitled to compensation under the laws of your state.
Local Legal Help Immediately
If you believe another person has liability for your head injury and you want to file suit, the first thing to do is to talk to a skilled personal injury attorney who specializes in head injuries. Brain injury cases are complicated from a legal and medical standpoint. So you need to talk to an experienced legal counselor.
Understanding the Legal Basis of Your Head Injury Case
Most head injury and brain injury lawsuits are based upon the negligence legal theory. A negligence claim requires the plaintiff to prove that the defendant is legally responsible for the injuries. To succeed in a legal action based upon negligence, you must show each of the following:
- The law required the defendant to use a duty of care in their actions
- The defendant dd not exercise this duty of care towards you
- The actions or inactions of the defendant caused your injuries
- You suffered injuries or losses that can be measured under the law and compensated for
In a head injury case, proving that a brain injury occurred and linking the conduct of the defendant can be challenging. Brain injuries are complicated and can be harder to detect than most injuries. So, collecting as much evidence as possible about the nature of your brain injury and how the accident and actions of the other party caused it will be helpful to prove your case.
Gathering Evidence About Your Head Injury
Your experienced head injury attorney will inquire about how your head and brain injury happened. He will probably ask you what you remember about the incident, how it happened, where you were and what you were doing. Plus, he will want to know what medical treatment you received. It is important to be very honest with your attorney and collect as much information as you can from accident reports, witnesses and newspaper articles.
Remember a brain injury can easily be misdiagnosed from the start and even missed in the emergency room. If that occurs, you also could be entitled to compensation.