How Do I Prove Someone’s Negligence Caused My Loved One Traumatic Brain Injury?

car accident

When another party causes an accident you will no doubt want to receive compensation for your material losses, pain, and suffering. Among the many injuries an accident can cause traumatic brain injuries are among the worst due to the long-term scope, recovery time, and lifelong care such injuries can cause. When you have been injured by another you are owed compensation and fair representation before the court. 

Negligence Defined

A key factor in many legal claims is the negligence of the party that caused the original accident. In the legal field, negligence has a specific definition and is defined as follows. Negligence is chiefly defined in the legal sense as a party or parties failing to exercise proper care or prudence in a situation when their actions are compared to a reasonable person. A common example is comparing an honest mistake versus performing a known dangerous act. Accidentally deleting an important email and having to ask the sender to resend is a common mistake and understood that even reasonable people can make errors. However, driving 40 miles over the speed limit because you are drag racing would be considered a negligent act as no person would think that is a reasonable way to operate an automobile. Negligence can be broad and can cover professional, personal, and business actions. Examples can include a doctor performing unneeded surgery, a person driving while under the influence, and a company knowingly releasing a defective product into the marketplace. 

Proving Negligence

In any type of personal injury claim providing proof of negligence is often one of the most important parts of the case and an area where expert legal representation is a must. Your lawyer will take several steps in collecting the evidence and testimony to prove that another party was at fault for the accident and your injuries. Be it a head injury proof or any other, a responsible attorney strengthens your case to the fullest. This can include: 

  • Collecting the associated police report and statements from any officers on the scene of the accident. As police officers and local agencies (such as EMTs) are often the first to appear at the scene of an accident the first-hand information they provide is essential for helping establish what exactly happened.
  • Getting statements from witnesses and asking to appear in court if able or applicable. Not every witness can appear in person however, a certified written statement is still highly valuable and serves to support your case.
  • Hiring outside experts to provide useful evidence such as crash scene recreation and to serve as expert witnesses before the court. Accident recreations and expert testimony offer the skilled insight of a non-biased third party which helps layout concisely what happened and who was at fault. 

Why You Need an Attorney

When you’ve been badly injured you have several pressing matters and concerns to attend to. Naturally when you’ve suffered a brain trauma focusing on your recovery and your family should be your first and chief concern. Your attorney can assist by handling several other aspects of your case such as:

  • Handling any negotiations concerning your injury and care.
  • Speak with insurance companies and their representatives to present facts of the case and associated evidence to ensure you get the settlement amount you deserve.
  • Ensure your medical needs and any future long-term care are properly provided.
  • Settle your economic interest including medical bills, care costs, and any income you may have lost throughout your career due to your brain injury. 
  • Settle disability payments and terms.
  • Gather the evidence of your accident that shows concisely that you were the victim of another negligent party or parties who is at fault.
  • Provide support, advice, and clarification throughout the entire process including trial if needed.

Dealing With Insurance Companies

A traumatic brain injury (TBI) can completely change your life and day-to-day lifestyle. Depending on the nature of your injuries you may need long-term or lifetime care and your career and earning potential can be greatly impacted. When you’ve been injured through no fault of your own the negligent party’s insurance company will likely be quick to offer a settlement, and you should never take the first offer. This is because insurance companies often offer settlements that are far below what you are owed, need, and deserve. You also should never talk to an insurance company once you have hired proper legal representation. Your lawyer will ensure your settlement is fair, and your well-being is the top priority. 

Final Thoughts

Make no mistake brain injuries are a serious thing and your concern about your life and future are both well-founded and above all understandable. It can be hard knowing what to do next and the direction your life will take from now on. A lawyer skilled in brain injury cases is compassionate to what you’re going through and the fears you have. By hiring an attorney you gain both the legal representation and guidance you need during such a stressful time in your life.