An accident can leave anyone with serious, life-altering injuries that are often expensive or even fatal. Brain injuries, in particular, are becoming more and more common, and so are the possible financial costs associated with them. So, what happens when someone who’s been injured sues due to a brain injury? This article discusses the different legal cases and how they work.
1. The first step toward a brain injury lawsuit is to file a personal injury lawsuit. This is just a legal way of saying that you’re notifying the defendant (person or organization responsible for causing your injuries) that you are trying to collect damages. A brain injury lawyer will help you do this, but you will have to know the details of your brain injury case before you file the lawsuit. For instance, a brain injury in Orlando may involve a car accident that might require you to have medical records from your doctor. It might also mean having a police report, which will name the person(s) who caused your brain injury.
Personal injury law deals with situations in which someone has been injured. It’s usually not enough to know who caused your injuries; you need to prove that they were at fault and must have caused your injuries if you wish to receive compensation from them.
Personal injury law deals with situations in which someone has been injured. It’s usually not enough to know who caused your injuries; you need to prove that they were at fault and must have caused your injuries if you wish to receive compensation from them.
2. After you’ve filed a personal injury lawsuit, the court will give you a discovery period. This is when the defendant must provide information about their case: documents, witnesses, etc.
You can use this information to help you prove your case even if the defendant does not answer your questions or provide documents.
3. If you have enough evidence, then a judge will determine if the defendant has been liable (s). It may be hard to know exactly what happened at the time of the injury because you may have been drunk or unconscious, but there are ways to determine liability.
The police can help you determine liability. The police may catch the perpetrator at the scene and discover the cause of your injuries. This can happen by accident when an officer stops a driver for speeding (who is then found to have an open container of alcohol) or on purpose if they suspect that a car has been stolen.
4. The following issues must be proven in a brain injury case:
a. The person who caused your injuries must have been negligent. Negligence is the failure to take reasonable actions to prevent harm to others. For instance, if a driver doesn’t pay attention while driving and causes an accident, they can be found negligent. Similarly, if someone is operating heavy machinery and doesn’t set up safety mechanisms, they can also be negligent.
b. The person who caused your injuries must have received fair compensation for their injuries. For example, if a health care provider visits someone 24 hours a day and then pulls out a gun and shoots that person, they can be found negligent because of the “take-home” effects. The individual needs to receive fair compensation according to insurance policy limits. Compensation also includes any medical expenses incurred as a result of being injured (such as medical bills).
c. The cause of your injuries must have been unique to you.
d. The injury must have resulted in significant damages.
5. If the defendant has been found liable, you will file a petition for damages. The judge can determine what amount of money would be appropriate as compensation.
Conclusion
Now that you know how brain injury lawsuits work, you’ll be better prepared the next time you are injured. Remember to try and stay safe, but if something does happen, at least now, you’ll have a better idea of what to do.
