Four aspects need to be proved to establish negligence in a brain injury case. Here’s how traumatic brain injury lawyer Texas proves liability in a brain injury claim.
According to the CDC, 1.7 million people are affected by traumatic brain injuries (TBIs). According to these figures, roughly 52,000 people die due to TBI; another 275,000 require hospitalization.
These people are frequently eligible for significant monetary compensation for their injuries and other losses due to a TBI. However, they must be able to show liability on the part of another person or party to recover, which can be a legally challenging issue.
As a result, anyone who suffers a TBI should contact a Traumatic Brain Injury Lawyer Texas specializing in handling cases similar to yours.
How does an attorney prove negligence in a TBI case?
Establishing legal liability in a TBI lawsuit frequently entails proving that another person was irresponsible and carelessness caused the victim’s TBI.
It must be demonstrated that the defendant failed to act with the level of care that a reasonable person in the same or similar situation would exercise. It, in turn, frequently necessitates the presenting of a substantial amount of evidence under state and federal rules of evidence.
Of course, the more compelling the evidence in the patient’s case, the more likely he will get compensated for his injuries.
A traumatic brain injury lawyer proves the following elements to prove the liability of the negligent party:
- Establishing duty of care
Establishing a duty of care is the first step taken by TBI attorneys in any traumatic brain injury lawsuit, as the defendant will only be held liable for a brain injury claim if they breached their duty of care to the affected victim. In certain circumstances, the existence of these responsibilities is intensely debated, while in others, it is barely debated.
In a brain injury case, the duty of care is generally easy to establish. The most common example is brain damage sustained in automobile accidents. If your TBI occurred due to an automobile accident, establishing the duty of care may be simple.
In other instances, the existence of a duty of care is hotly debated. It is frequently the case when injuries occur on someone else’s property. It is where having a Dallas personal injury lawyer in your corner can significantly help you and your case.
- Proving the violation of duty
The first step is to establish that the defendant owes a duty of care. Once that is done, the attorney will prove the breach of obligations to collect compensation for their client for the injury suffered.
The facts surrounding an injury will determine whether or not a breach occurred. Any thoughtless, reckless, or malicious behavior might be considered a breach. If this act resulted in the injury of another person, it might be considered a breach of duty of care.
- Proving a causal link
Your traumatic brain injury may result in monetary compensation from the entity that caused it. However, you will only be entitled to seek compensation for injuries directly related to the breached duty of care.
There will be no monetary compensation available unless there is a causal relationship between the defendant’s actions and a brain injury. Proving the casual link can get tricky at times. Traumatic brain injury lawyers with years of experience have the skills and knowledge to deal with situations.
- Proving damages
Showing damages in a traumatic brain injury case is the final step taken by the Dallas Personal Injury Lawyers in proving fault. Because these losses are proportional to the degree of the impairment, determining damages for a brain injury may not be difficult.
A plaintiff could file a claim for lost wages, pain and suffering, medical bills, and disability fees, among other things.
Examples of negligence that may cause a TBI
- Impaired driving
Evidence of intoxication might be significant if a drunk or drugged driver caused the accident. The findings of breathalyzer testing, police records, witness testimony, or the results of any other type of chemical testing undertaken are examples of this type of evidence.
- Defective products
People who have suffered TBIs due to a defective product can often present proof of the product’s defective design, manufacture, or marketing to back up their claim. Expert testimony, deviations from industry norms, or conclusions of independent investigations undertaken by bodies such as the CDC are examples of this type of evidence.
To Conclude:
Individuals who have suffered a traumatic brain injury due to someone else’s negligence should speak with an attorney without making any delays. TBI victims can often receive compensation for medical bills, lost wages, loss of quality of life, etc.
Traumatic brain injury lawyer Texas assists people who got injured due to someone else’s negligence in holding the person or people responsible for their negligent acts that caused suffering and damages.