The Centers for Disease Control and prevention (CDC) estimates that every year up to 1.4 million people in the U. S. suffer a brain injury. Generally, brain injury is caused by either car accidents or sporting activities; however, there are a number of different causes of brain injury. If you or your loved one has suffered a form of brain injury, for example, a serious concussion or brain damage, you may be eligible for compensation under the law. If you are considering legal action, this article will outline the steps to take.
Finding Expert Legal Help
A Crowson Law Group attorney advised that, “if you think that someone is legally liable or at fault for your head or brain injury and you want to file a lawsuit, or even if you are negotiating with an insurance company, or any other benefits, the first thing a person should do is to speak with a qualified personal injury lawyer who is experienced in brain injury litigation. This is necessary because brain injury cases bring about complex legal and medical issues, and, therefore, it is extremely important to find someone who is qualified and experienced.”
In order to find a lawyer and decide which lawyer is best for you, start looking for vehicle accident law firm (http://www.crowsonlaw.com/vehicle-accidents-alaska/) with well-reputed professionals who handle matters relating to brain injury resulting from car accidents. Such professionals are well acquainted with the complex legal issues and the basic medical procedures required to handle such a personal injury case.
What is the legal basis on your case?
It is important that you understand the legal theory on which your case will be premised on. An attorney commented that this is important as, “this will dictate what you will have to prove in order to win your lawsuit or settlement. Understanding the legal basis of your claim will also help you gather all the relevant evidence for your case”. It should be noted that most brain injury lawsuits are based on the legal theory called negligence. In such a claim, the plaintiff (the person injured during the accident) will need to prove that the defendant (the person at fault for the accident) is legally responsible for the injury he or she sustained. Therefore, the plaintiff must show the following in order to succeed in his or her legal action:
- The law required the defendant to be reasonably careful (duty of care)
- The defendant failed to act with reasonable care toward the plaintiff
- The defendant’s actions or failure to act was the cause of the plaintiff’s injuries
- The plaintiff suffered injuries and or losses that are measurable under the law
When preparing your case, it is important to gather as much information as possible about the accident from witnesses, newspaper articles, accident reports etc. and documentation and pictures of your injuries. An experienced attorney will ask you questions related to the events leading up to the accident, the incident itself and you injuries. Be sure to answer honestly despite possible gaps in your memory, which are normal.