If you are ever involved in a severe car accident and suffer from a concussion or other serious brain injury, hire a personal injury lawyer. You also need to read this article for valuable information.
While not common, brain injuries do occur. Statistics from the American Centers for Disease Control (CDC) assert that as many as 1.4 million Americans suffer from brain injuries annually. You can get a brain injury from a wide variety of activities that lead to accidents. These range from driving (these can cause serious car accidents) to engaging in intense contact sports (playing football or even baseball would be good examples of this!) You may be eligible for compensation in the event that you suffer from a brain injury because of an accident.
The first thing you’ll want to do in this instance is hired a good personal injury lawyer.This person is trained and experienced in terms of helping you win a settlement either in or out of court. Remember that hiring a good lawyer is necessary because of the complex nature of brain injuries. You’ll likely be calling in neurological experts and answering a lot of complicated questions about your injury.
Know and understand the legal basis of your case
Your personal injury lawyer in Antioch will tell you that knowing and understanding the legal basis of your case is crucial if you want to win a good settlement – one that you need and deserve. In order to understand the legal basis of your case, you have to fully comprehend the legal theory which your entire case and arguments rest upon. Once you understand this, it will be easy for you and your personal injury lawyerto gather and assemble all necessary and pertinent evidence.
You need to know about a theory called negligence because almost all brain injury (and personal injury cases) rest on this. When you make a negligence claim or case against the other party (the defendant), you (the plaintiff) must bring in enough evidence that proves that the defendant is guilty. You can prove the defendant to be at fault only if you are able to provide the following evidence and prove the following:
● The defendant was legally required to show a certain degree of ‘duty of care’ towards you
● The defendant did not act with reasonable care towards you.
● Your injuries were caused by the defendant’s actions or failure to act
● You (the plaintiff) suffered injuries and losses which the law can measure financially.
Linking and proving the defendant’s actions or lack of actions to your injuries is easier said than done many times. Because the brain has dense and compact tissues and a strange structure, injuries to it may be harder to detect. Therefore, they are harder to prove. For best results, you and your personal injury lawyer must gather as much admissible evidence as possible to support your claim and case.
An example of negligence
You can sue if you suffer from a serious concussion and suffer permanent brain damage and mental and cognitive impairment because you were hit by a driver who was obviously very drunk. However, you can also sue your car’s manufacturer and distributor if you feel as though your brain injuries were caused by a faulty part in their car.
You can also sue your landlord and the company that built the house or building you live in if you can prove that your kid is suffering from developmental and cognitive delays/impairment because she has ingested lead that was in the paint and drywall in your dwelling that leads to permanent brain damage.
The process of gathering evidence about your accident and injuries
Keep in mind that your personal injury lawyer will ask you questions that are designed to gather the information that will tell him or her how your brain injury occurred. Your lawyer can then use this information to build a solid personal injury claim or case that will get you the settlement you want and need. The lawyer will ask you questions regarding where the accident occurred, how it occurred, what you were doing at the time of the accident.
You don’t have to go a brain damage personal injury lawsuit alone. Indeed, you can win even the most challenging and complex brain damage personal injury lawsuits providing you hire a good personal injury lawyer.