In the United States, the CDC estimates that over 1.4 million people suffer from some sort of brain injury each year. These injuries can occur for multiple reasons, including car accidents, sports-related injuries and even medical errors.
If you or a loved one suffers from some sort of brain injury, you may be entitled to a settlement for your injuries, pain, and suffering.
Always Hire an Attorney for Brain Injury Lawsuits
If there is a party that is liable for your brain injury and you plan to file a lawsuit, then you need to hire a personal injury attorney who understands the complex nature of these types of cases. Even if you are just talking with your insurance company, you need to hire an attorney that can assist you with your claim. A qualified personal injury attorney understands the legal and medical issues with these types of cases.
The Legal Basis of Your Claim Matters
The theory or basis of your claim matters. This is what dictates what your attorney has to prove in order to win your case as well as the party you plan to sue for your brain injury.
In most brain injury cases, someone was negligent; therefore, they caused the injury. Negligence claims require you to bring the person responsible to court and prove that they are negligent and legally responsible. This means your attorney will need to:
- Prove the responsible party had a duty of care.
- Prove that the responsible party failed to act.
- Prove that the plaintiff’s actions caused your injuries.
Product Liability May be Possible
In some brain injury cases, it wasn’t a person; it was a product. Defective products can be dangerous and can cause brain injuries just as much as a physical act. For example, an airbag that fails to deploy and causes serious injuries to a person’s head is a matter of product liability.
Another instance of a brain injury due to product liability would be exposure to toxic materials without your consent. For example, this could involve a contaminated drinking water or a child that is poisoned by a chewing toy.
Brain Injury? You Need an Experienced Attorney
An experienced West Palm Beach personal injury attorney can help you prove your brain injury case. Because the courts need expert testimonies and evidence proving that someone or something caused your injuries, you need an attorney that has these types of resources at their disposal.