Proving who was to blame for your brain injury will be crucial in earning the short and long-term support you’ll need to recover. You’ll be required to show that an at-fault party had a responsibility to keep you safe and then contributed to your accident.
You’ll also need the evidence that shows the at-fault party’s liability. A California Traumatic Brain Injury Lawyer gives you a powerful advantage in building a case. Your lawyer can collect the evidence needed to hold a driver, an employer, or a business owner fully responsible. Maison Law offers a free, no-obligation consultation for victims. Contact Maison Law and schedule this no-risk way to find out what your brain injury case is worth.
How Do I Prove Negligence After Suffering a Traumatic Brain Injury?
In California, certain parties are expected to act to keep others safe from injury. It’s known as a “duty of care.” This duty is supposed to help you avoid accidents that could cause Traumatic Brain Injuries (TBIs).
This duty stems from California Civil Code 1714. :
“(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself…”
It means people like drivers, business and property owners, and employers must avoid creating accident risks that could lead to accidents and result in a TBI. Motorists must drive with caution to prevent situations that could force someone else into a collision. In the case of business owners or property owners, they must also try to remove the dangers that other customers or tenants may cause.
In order to win a negligence case—and recover compensation—your lawyer will be proving:
- The defendant owed the plaintiff a legal duty of care.
- The defendant breached the duty by acting in a way that a reasonable person would not have acted in the same situation.
- The plaintiff suffered the brain injury as a result of the defendant’s breach of duty.
What Evidence Is Helpful for a Traumatic Brain Injury Case?
In the case of a TBI, evidence from the scene would be beneficial to show a driver’s mistake after a car accident. Surveillance video may demonstrate how an employer allowed your workplace to become dangerous, and as a result, you suffered head trauma. Maintenance records may prove a landlord put off repairing a stairwell until you suffered a fall and hit your head.
These are all factors your attorney will be focused on. The case may require tracking down witnesses and securing testimony. An accident reconstruction team could be very helpful. Your lawyer would also seek the opinions of your doctors and of expert witnesses, likely other doctors, about the severity of your injury.
This type of proof not only shows how badly someone’s mistake injured you. It shows how long you may require support. In severe cases that involve a TBI that has caused a permanent cognitive disability, you could need financial support for the rest of your life.
Support Needed After a Traumatic Brain Injury
Victims may need months of physical therapy and even surgery before coming close to recovery. However, an insurance adjuster would love to simply pay your emergency room bills on the day of the accident and be done with your case.
Your lawyer is your protection from these “lowball” settlement offers. Your Maison Law attorney demands full compensation for every hardship brain injury patients must endure. That means both economic and non-economic damages earn support for as long as necessary.
These and other factors should be part of any TBI victim’s accident compensation:
- Immediate and long-term medical bills
- Rehabilitation and physical therapy costs
- Full support to cover a lifetime of care for a permanent disability
- The cost of memory care or home care if a patient needs 24/7 support
- Past and future lost earnings while victims are out of work.
- Support for the physical pain victims endure
- Support for the emotional trauma brain injury patients must cope with
- Support for a loss of quality of life
- Wrongful death benefits for families who lose a loved one to a brain injury
Contact a California Traumatic Brain Injury Lawyer
Speak with a skilled California Traumatic Brain Injury Attorney after an accident leaves you or a loved one with a brain injury. It’s important to know about every benefit available to you and your family because an insurance representative won’t be informing you about your options.
Contact Maison Law for a free, no-obligation consultation. It’s a no-risk way to find out what your accident injury is worth and what you should be holding an insurance company to.
You are under no obligation, but if you hire us, you don’t have to worry about having the money to pay us. We don’t get paid unless we win your case for you. Then our fee comes out of the settlement money an insurance company is forced to provide.
