Do I Have a Brain Injury Case?

If you or a loved one suffered from a traumatic brain injury, it’s possible you have a successful case to receive compensation. There are many factors that play a role in whether your case will be a success, and a lawyer can help you understand how your situation stacks up. The following is some information that should get you started.

Types of Accidents

Brain injuries come in all forms, from mild to severe. You might receive a TBI from falling off your house while taking down holiday lights, after a hard hit during a football game, while in a car accident, or during a botched surgery. One might experience TBI after being abused, getting into a fight, being dropped as a child, or falling off a bike. Nobody is exempt from the possibility, including infants, children, teens, adults and seniors, because all of these individuals have the possibility of being in different kinds of accidents.

Determining Fault

For you to have a case, another party will have to be proven at fault for your injury. If your TBI was the result of a botched surgery, fault might fall with the surgeon or the hospital where the surgery was performed. If TBI was the result of a sports injury, fault might lie with the player who caused the injury, the team, or the team’s doctor. Your lawyer will work hard to ensure the proper party is held responsible for the injury.

Gathering Evidence

Once fault has been determined your lawyer will get to work gathering evidence to prove that individual was at fault. For example, a medical professional has a responsibility to provide a certain level of care. If that level of care was not reached and there is evidence to support that, your lawyer will present that information. Another example would be a daycare provider who neglected to secure large bookshelves, which then fell on a child, resulting in TBI. The lawyer could show that the bookshelves were not secured and the daycare provider knew it posed a risk.

Determining Damages

Your lawyer will look over the particulars of the case to determine which damages you can seek. It’s possible you will be entitled to a great number of damages and will have ample evidence to support your claims. It’s also possible your situation won’t warrant too much in damages, which could be the determining factor in not pursuing the case.

Contacting a Brain Injury Lawyer

Perhaps the best way to determine whether you have a brain injury case is by contacting a brain injury lawyer, like a brain injury lawyer in Orlando, FL. Your lawyer can walk you through all the steps so you can decide whether to move forward. 

Thanks to Needle & Ellenberg, P.A. for their insight into whether or not you have a brain injury case.

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