How to Prove Negligence in a Traumatic Brain Injury Case

Traumatic brain injuries can cause serious, life-long complications to the health and well-being of a victim. When someone else causes that injury, they could be held accountable for any losses the victim incurs, including medical bills and long-term loss of quality of life. However, it is up to the victim to prove that the at-fault party was negligent.

To prove negligence in a traumatic brain injury case, you must demonstrate that the other person owed you a duty of care and violated that duty of care, resulting in the accident that caused your losses. Talk to a Springfield brain injury attorney today about your case.

Demonstrating a Duty of Care

The first step in this process is to demonstrate that the other party owes you a duty of care. That means demonstrating that they should have kept you safe. For example, if you are in a car accident with another vehicle, that driver owes you a duty of care. That duty is to abide by all traffic laws and drive in a safe manner.

Demonstrating a Breach of Duty of Care

The second step is to show that the other party breached that duty of care, meaning they did something or failed to do something. If the driver of the car that struck you was operating in an unsafe manner, such as speeding or running a red light, that indicates they breached the duty of care to abide by all laws and drive in a responsible manner.

Show Causation

Causation is an important part of this process. It requires you to link the breach of the duty of care directly to the accident you were involved in. This means showing the driver’s actions of speeding or running a red light are why the accident took place. Therefore, if they had not engaged in that activity, the accident would not have happened.

Losses

To file a claim of negligence to recover damages, you must have evidence of loss. This often means demonstrating that the accident caused physical or emotional injury to you and that you now have financial losses as a result. Those financial losses may include medical bills or wages lost from being unable to work. IN this situation, you must demonstrate that the accident directly caused you to suffer a traumatic brain injury

Factors Related to a TBI

In the case of a traumatic brain injury, specifically, it can be challenging to prove the existence of the injury because there may not be any outward signs. For example, you may have a concussion, but there is no outward injury on your head to demonstrate this. For that reason, your attorney will need to evaluate all evidence to demonstrate that the TBI took place. Some examples of this might include:

• A formal diagnosis from a medical doctor
• Documented symptoms of a TBI, such as loss of speech, difficulty with thinking, or behavioral changes
• Witness statements that can verify the type of changes they see in you since the accident

All of these factors can work together to show that someone else is responsible for your accident and that the accident is what directly caused you to suffer a traumatic brain injury. This can be challenging, but a traumatic brain injury attorney can help you navigate your rights through this process and aid in recovering damages fairly.