How Can You Show Negligence in a Brain Injury Case?

Traumatic brain injuries are some of the most severe and life-changing injuries a person can experience. Whether a car accident, fall, blow to the head, these consequences could last for many years or forever. If it can be shown that someone else was negligent in causing your brain injury, you may be able to recover financial compensation for damages suffered, however, it is first necessary to demonstrate negligence.

At Beverly Hills Injury Firm, we know how difficult a TBI can be medically, emotionally and legally for the victim. In this blog, we explain what constitutes negligence in a brain injury case, the evidence required to make a successful claim and how you can give your legal team the best chance of securing maximum compensation.

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Negligence in Brain Injury Cases

Negligence In legal terms: the definition of negligence varies somewhat, but it generally means that individuals have to act with due care and skill in what they do such that they are able to avoid harming another person. Some of the most common liable parties include:

A property owner who does not repair a danger that causes someone to slip and fall.

A work place or construction site that features hazardous conditions

Preventable errors during treatment or surgery by medical professionals

Assault or intentional violence

To have a valid claim for injuries, you must be able to establish that the brain injury was caused by another party's negligence and go on to show exactly how the brain trauma led to specific damages.

Proving negligence typically revolves
around four main elements

In a brain injury lawsuit, your attorney will have to prove the four elements of negligence in order to successfully recover compensation:

Duty of Care: The first showing is to demonstrate that the defendant owed a legal duty of care to you. For instance, drivers must follow the rules of the road, doctors must practice within accepted medical standards of care and premises owners or property managers are required to provide a reasonably safe environment to their guests.

Breach of Duty: Next, you need to show that the defendant violated that duty. This might be overtaking at the lights, not respecting staff procedures or leaving a hazard unattended.

Causation: Most importantly, your attorney needs to prove causation — that is, the defendant directly caused your brain injury by his or her actions (or inaction). That often requires the opinions of experts, accident reconstruction, and specific medical analysis.

Damages: Finally, you have to show that the brain injury caused actual damage. In this situation it refers to the type of compensation one may receive in a brain injury lawsuit, these damages are: Emergency medical expenses, Long-term rehabilitation and therapy, Reduction in earnings or income, Cognitive impairment, Emotional distress, Pain and suffering, and Loss of quality of life.

An essential element for any personal injury claim is to show that there were damages, if you can not show a loss /damages then you don't have a claim.

Typical Evidence Presented to Prove Negligence in Brain Injury Lawsuits

Many times brain injuries have lifelong consequences and thus it behooves your attorney to document the entire damage as much as possible.

Sure, when it comes to brain injury claims, things might seem a bit complicated and disputed. The importance of proper evidence on your case Examples include:
Records from treating physicians, including MRIs or CT scans that depict the exact details of an injury

Neurocognitive, physical or behavioral tests

Testimony by an expert doctor to prove that the injury was as a result of the accident

Accident reports like those of the police, Workplace safety officers or building owners

Statements by eyewitnesses regarding nature of injury before and after it occurred.

A photo or video from the incident

Surveillance or dash cam recordings

Proof of lost wages or the impact on your current career by pulling employment records

Your attorney can present your case better if you are able to provide stronger and more complete evidence.

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How Comparative Negligence Applies to Brain Injuries in California

California uses the pure comparative negligence rule. This is a good thing because it means that, even if you contributed to causing the accident in which you sustained your head injury, you may still be able to collect monetary damages. However, your total recovery will be decreased by your percent of fault.

This means, if you are granted damages in the amount of $1 million but found to be 30% at fault for the injury, and your compensation will be decreased by 30%. Establishing that the other party is at fault to a greater extent then you are, is critical for obtaining the biggest settlement.

Importance of a Lawyer in Using Negligence

Importance of Legal Representation in Brain Injury Cases
Traumatic brain injury (TBI) cases are both legally and medically complex. Invisible or delayed-onset traumatic brain injuries are frequently underestimated by insurance companies. Failure to seek experienced legal representation may leave you with substantially less than what is rightfully yours. We at Beverly Hills Injury Firm:

Probe every fact of case

Collaborate with leading medical and neuropsychological experts

Gather comprehensive medical documentation

Due and future damage Calculations

Create a strong argument for full restitution

If an adequate resolution is not achieved through negotiation, try the case

The purpose of our firm is to secure the justice, and care that you and your family require in order to rebuild and heal.
Time to Preserve Your Legal Rights.

Typically a brain injury case in California has a statute of limitations of two years from the date of the injury. The deadline may be as short as six months, particularly for cases against government agencies.
Don’t wait. The more time we have to begin constructing your case, the more likely it will be that evidence is preserved and you receive a full recovery.

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You do not need to undergo this alone if someone you adore or yourself has been wounded because of the carelessness of someone else. At Beverly Hills Injury Firm, we promise to have YOUR back and will show that they are at fault, down to every cent they owe YOU.
Contact us today to set up your complimentary consultation.
So you can get better, faster.

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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