What Elements Are Needed to Prove Negligence with a Brain Injury?

Brain injury cases are among the most complex of all. This is because many of these injuries are overlooked or misdiagnosed. These injuries can happen from car accidents, slip and falls, workplace injuries, and other accidents.

When it comes to negligence, victims are tasked with more than recovering from their injuries. They must also prove that the at-fault party's negligence caused their brain injury. This is why it's important to consult an experienced brain injury lawyer to help navigate this complex process.

The Four Elements of Negligence in Brain Injury Cases

To prove negligence in a brain injury claim, four elements need to be proven to recover monetary compensation. Since these things are tricky to establish, especially after everything you have endured, obtaining the services of an attorney is advised in these circumstances.

Most traumatic brain injuries leave victims with lifelong consequences. This could mean costly medical treatments in both the short and long term. Traumatic brain injuries — or TBIs — can also prevent you from returning to work. In fact, only 40% of those with brain trauma are capable of returning to work within two years of injury.

 If you or a loved one have suffered a TBI due to someone else's negligence, you must prove these four elements.

Duty of Care

You must show that the defendant owed you a duty of care. This is a legal obligation a person has to act reasonably to avoid injuring other people. In the case of a car accident, drivers have a legal duty to operate their vehicles reasonably and safely at all times. Failure to do so on their part could make them liable.

Breach of Duty

Defendants who fail to act in a reasonably careful manner have violated their breach of duty. While not all TBIs are caused by car accidents, it is easy to illustrate this point by thinking of a driver who runs a red light. Failing to follow traffic laws is a breach of duty of care.

Causation

You must be able to show that your brain injury was the direct result of the defendant's breach of duty. In other words, you have to prove that your brain was in good health and had no damage before the accident. Additionally, it must be proven that the injury was directly caused by the defendant's negligent actions.

Damages

As the plaintiff, you'll also need to show that you sustained damages. These can include economic damages, which are easily pinpointed with dollar amounts. Monetary damages will include things like past and future medical expenses as well as lost wages. You will also need to prove you sustained non-economic damages like pain and suffering, loss of enjoyment of life, and emotional distress.

 In cases where a victim does not survive an accident, the surviving family members may be able to seek compensation in a wrongful death lawsuit.

How to Prove Negligence with a Brain Injury

Proving negligence in a brain injury case is complicated. Personal injury attorneys in Fort Walton Beach can help guide you through the process of proving negligence in your case. With the help of an attorney, you can focus on recovery while your lawyer handles your case.