Proving Fault in a Brain Injury Case

According to the CDC, more than 1.4 million people experience brain injuries each year. Whether the brain injury is the result of an accident while driving, playing sports or from slipping on a sidewalk, there are a number of ways that a person could sustain a brain injury. The repercussions of a brain injury can range from moderate to life threatening depending on the severity of the injury.


When it comes to a brain injury, proving that the defendant was at fault or legally responsible for the injury that was received is vital for the success of a brain injury claim. Brain injuries can be tricky because they, at times, can be difficult to detect. When bringing a brain injury lawsuit to the courts it will be vital that the plaintiff is able to prove:

-That the defendant’s judgment resulted in their negligent behavior.
-That the defendant did not act within their duty of care.
-That person’s actions were the result of your injuries

The Importance of Evidence

Obtaining the appropriate amount of evidence is a vital component to a brain injury lawsuit.

-Medical Documentation helps to prove that the injuries you received were in fact, from the accident.
-Physician Documentation outlines the details surrounding your injuries and the rehabilitation that is required
-Documentation of Expenses is important for determining how much compensation you are entitled to
-Expert Witnesses such as a doctor or therapist can testify in court to the injuries you received, the rehabilitation required and the emotional impact that it may have had on you.

Collecting Damages

In the event that you suffered a brain injury, depending on the severity, the financial impact could be devastating. It is likely that you will incur a number of expenses as the result of your injury, which may include:

-Medical Expenses
-Damage to property such as a motorcycle or car
-Funeral Expenses if the person passed away from the accident
-Lost wages from the time you were unable to work and in recovery
-Loss of future earning capacity if you were unable to work in the future due to your injuries.
-Emotional Suffering

Recovering from a brain injury is a lengthy process that can take years to recover from. Some of the symptoms may even become lifelong disabilities from the accident. If you have suffered a brain injury due to the negligence of another, it may be a good idea to contact a personal injury attorney who has experience with brain injuries such as the personal injury lawyer locals turn to. They will be able to ensure that you are compensated for damages if you are able to prove that they were negligent.