Introduction
As per CDC, almost 1.4 million in the USA tend to suffer a brain injury for some reason. And not all of them are caused due to something they’ve done. Someone else’s irresponsibility can lead to such an unfortunate situation for you as well.
Now, when it comes to brain injury and the recovery that follows, the whole scenario can be quite hazardous for you. Like, it might cause something too serious that you end up missing going to your office for a while. Besides, the medical bill of a brain injury can get quite high as well.
Hence, if you want to get through such a fiscal crisis efficiently, you must make a claim to the injury you’ve sustained. Here’s how you can do it.
The Legal Basis Of A Brain Injury Case
Before you get started on your case, it’ll be important for you to understand the legal basis of your brain injury case. It can also help you and your lawyer gather up the evidence you need to win the claim for your brain injury lawsuit. So, do go through this section thoroughly.
Proving Negligence
Almost every brain injury case out there can be easily solved by proving negligence of your opponent. However, to do that, you will need to show all the below-mentioned:
- The defendant of the case didn’t act with reasonable care while handling the cause of the case. And, in the end, it led to the injury.
- The law requires the defendant to be reasonably careful in their approach. However, it simply didn’t happen on their part and caused the injury.
- The defendant’s inaction or action was the primary cause of the accident. It can relate to something like them spilling a slippery object and injuring you indirectly.
Finally, if you have suffered measurable losses due to the injury, it can also be considered as an add-on in the claim that offends the brain injury act. Talk to an attorney to know more in this context.
An Example Of Negligence
Let’s say, you’re driving a car through the road and hit Danny’s vehicle all of a sudden. And, this whole thing wouldn’t have happened if Danny didn’t swerve out of his lane without any kind of warning or vehicle-related notice. And, he also has a higher BAC level than usual.
Hence, in this case, you can easily prove that the accident was caused due to the negligence of Danny. To begin with, he was drunk-driving, which is illegal in the USA. And, apart from that, he has also hit your car without providing any warning at all.
Types Of Damages
When it comes to a brain injury, the damage you’ve received can differ from another person and in contingency, the overall claims too. Here’s what you need to know in this context.
1. Economic Damage
If you have suffered an injury, you’ll have to go to a hospital and get yourself treated. So, the amount of money you’re spending here will be considered as “economic damage.”
It may include the following:
- Medical expenses, including whatever you may have to spend in the future.
- Lost wages due to the loss of your job or missing out on your working days.
- Expenses related to your or your loved one’s burial or funeral.
Finally, the cost associated with assisted-living or surgery will also be considered as a part of the economic damages you’ve suffered for brain injuries.
2. Non-Economic Damage
Unlike the former, the non-economic damage you may have suffered will be a little different. For example, some of the points that come under this umbrella term are –
- Loss of reputation.
- Loss of society and companionship.
- Psychological anguish.
- Emotional and physical distress.
- Pain and suffering.
Apart from these, the loss of your consortium can also fall under this type of damage. Hence, if you have lost someone due to another person’s carelessness, call your attorney today.
The Bottom Line
Usually, in a brain injury-related claim, getting a clear idea regarding the damages you may have suffered can be quite a challenge. Hence, you should hire an attorney to make your job a little bit easier for you. Or, you may also comment down your thoughts below. We’ll attend to them and offer as much help as we can quickly.
Have a great day ahead!
