What Should You Do if You Suffer from a Brain Injury?

Suffering brain injuries at the hands of another person’s negligence can be extremely traumatizing in the road to recovery is going to be long and expensive. However a brain accident lawyer is going to make the road to recovery and receiving compensation that much easier. The lawyers that deal with brain injuries have a lot of experience doing so, because these are an extremely common type of injury that occurred due to neglect. So if you or your loved one has been injured and received a brain injury, reach out to the lawyers that can help you, such as the lawyers at Barry P Goldberg.

Your brain accident lawyer is going to be able to help you file claims against negligent motors, doctors, or trucking companies. Whoever was deemed out fault for your injury is going to be who we are, the lawyer fires a claim against.

The elements of a brain injury lawsuit are as follows, and it’s helpful to know these things before you are trying to file a brain injury lawsuit because it’s going to ensure that you get a lawyer with the experience and expertise that you need. To file a lawsuit the brain injury victim has to of suffered trauma as a result of someone else’s negligence, and in the negligence claim the lawyer representing the party that was injured needs to be able to prove the following:

  • That there was a legal obligation otherwise known as the duty of care, that requires the individual who was deemed negligent to exercise a reasonable level of care as to prevent harm to others. A good example of this is that a doctor has a duty to perform up to the standard of care established by the medical community and anything less than that is deemed negligent.
  • That there was a breach of duty. The lawyer must be able to prove without a doubt that an individual or entity was considered negligent if they have breached their duty of care. Another example of this is that the doctor performs an operation in a manner that is considered by the medical community to be unacceptable. In this instance the doctor would’ve been deemed to have breach of duty.
  • Causation must be proved, which means that the lawyer must be able to prove the defendant’s negligence must’ve been directly responsible for the injury and the damage that occurred.
  • There must’ve been damages, for the victim to file a claim the injury must have caused either economic or noneconomic damages.

The type of compensation that somebody could receive for filing a negligence suit against somebody in the act of receiving a brain injury via an accident, are as follows:

  • Medical bills are often going to be tied to a brain injury, and as long as the victim can prove that their medical bills and their medical needs are related to the injury and that the injury was caused by negligence, they can file a lawsuit to gain compensation for all expenses related to doctors visits, hospitalization, rehabilitation and of course occupational therapy.
  • Pain and suffering, usually refers to whole monetary damages for any lasting physical or emotional pain such as brain damage or amnesia.
  • Loss of life’s enjoyment, a victim of brain injury may also be entitled to compensation for their inability to participate in activities that they once enjoyed.
  • And of course wrongful death. When a brain injury is fatal the victim’s family can typically file a wrongful death lawsuit to pursue compensation for any financial damages such as funeral costs or lost wages that have resulted from their loved one’s death.