The Legal Basis Of Traumatic Brain Injury Cases
The CDC (Centers for Disease Control and Prevention) considers traumatic brain injuries as one of the most serious health problems in the US today. Every year, 1.5 million Americans experience this type of injury and out those cases, 50,000 die and another 85,000 suffer long-term and permanent disabilities. In 2010 alone, 2.5 million individuals experienced a TBI as an isolated case or grouped in with other injuries that occurred at the same time.
Traumatic brain injuries can result from a blow, bump, or jolt to the skull or from an injury wherein the skull is penetrated such as a gunshot or stab wound. No matter how the injury occurs, the brains normal functions are disrupted. Fortunately, not every head injury results in this extremely serious condition. As a result, TBI’s are classified as being mild and characterized by a brief and temporary change in consciousness or mental status, or they are classified as severe and characterized by an extended period of amnesia or unconsciousness.
Understanding The Legal Theory Behind Your TBI Case
Once you have hired the right TBI lawyer to provide you with legal assistance and represent you in court, it is important that you are made aware of and understand the legal theory upon which your case will be based. This typically dictates what you and your attorney to prove during the court proceedings. That burden of proof will be the difference between winning your lawsuit and receiving a fair settlement or not. To effectively gather every piece of evidence that is relative to your specific case, you have to understand the legal basis of it.
In all probability, your TBI case will be based on the definition and theory of negligence. As the plaintiff or person who has filed the negligence claim in the lawsuit, you will be proving that the defendant or person you are suing, is at fault or legally responsible for your TBI. Your goal, as well as the goal of your TBI lawyer, is to show the following in order to win their case in a court of law:
- As required by Florida State Laws, the defendant owed the plaintiff a “duty of care”, in other words, to be reasonable careful.
- Reasonable care was not shown to the plaintiff by the defendant or they failed to act and provide the duty of care mentioned in the first point above.
- The action or inaction on behalf of the defendant caused the plaintiff’s injuries to result.
- Under state law, the plaintiff has incurred losses and suffered measurable injuries
As with any other lawsuit involving two parties, proving that the plaintiff’s injuries was directly linked to the conduct of the defendant rather than it being the fault of the plaintiff and his or her conduct. By far, this is the most difficult task that you will encounter in your TBI claim and court case. Terminal brain injuries are oftentimes difficult to detect. So a court case involving this type of injury can be extremely complex.
Without the assistance of an experienced and highly skilled personal injury attorney and their expertise, your chances of succeeding in court and winning your case are greatly decreased. Hence the need for hiring one to represent you should your case go to trial. Chances are, a court case will be inevitable, especially if the defendant’s insurance company attempts to lowball a settlement. The bottom line is that if you feel that someone else was responsible for you or a loved one’s traumatic brain injury, your best option is to hire the services of an experienced and knowledgeable TBI lawyer. Contact us to learn more about what we can do for you.