Legal and Medical Considerations in Traumatic Brain Injury Litigation

Questions to Consider When Addressing a Traumatic Brain Injury

If you’re thinking about filing a traumatic brain injury claim against another party, make sure you and your attorney ask the following questions:

Did Another Party Violate the Duty of Care They Owed You?

When you leave your home, you enter a social contract with the people around you. Legal professionals refer to that social contract as a “duty of care.” In other words, the people and parties around you have an obligation to protect you from predictable harm, including harm they themselves may generate.

Other people can violate the duty of care owed to you by engaging in deliberate or accidental negligence. That negligence can cause car accidents, construction site accidents, truck accidents, or even product failures. 

Should you fall victim to another party’s unchecked negligence, you can bring forward evidence of their oversight to prove that they violated the duty of care they owed you. A personal injury lawyer in California can help you gather the evidence you need to make your case.

Can You Prove the Liable Party’s Negligence Directly Contributed to Your Losses?

So you’ve proven, with evidence, that another party violated the duty of care owed to you. Now you have to prove that said negligence contributed directly to your accident’s losses. If you can’t prove that certain losses, including certain medical conditions, stemmed from your accident, you can include those losses in your request for damages.

Fortunately, our team knows how to gather the evidence needed to demand fair damages in civil court. We can work out what damages you may deserve before submitting your claim to a judge.

Have Medical Professionals Confirmed the Severity of Your Condition?

The aftereffects of a traumatic brain injury can stay with you for months or even years after your initial accident. You need to work with medical professionals to not only address the immediacy of your injury but also to stay on top of your long-term symptoms.

Moreover, working with medical professionals allows you to elaborate on the severity of your condition should you choose to take a personal injury claim to civil court. An attorney can call experienced medical professionals as expert witnesses to elaborate on the extent of your losses when you request loss-based damages. 

A medical professional’s testimony can also elaborate on the extent of a liable party’s negligence. With that in mind, it’s in your best interest to connect with your general practitioner, emergency responders, and other medical specialists as soon as possible after your accident.