An image of a Brain injury scan commonly referred to as an MRI
Brain injuries are frighteningly common.
In fact, some 2.8 million Americans sustain one each year.
Thankfully, most are relatively minor. But for the unlucky few who suffer severe trauma, consequences can range from extreme cognitive damage to death.
If you or a loved one has suffered from a brain injury, you may be entitled to compensation.
Here’s everything you need to know before making a brain injury claim.
Is There a Legal Basis?
Before you even consider legal action, you’ll need to determine if there is any basis for your brain damage lawsuit.
Generally speaking, a brain injury lawsuit relies on a legal concept called “negligence.”
Negligence requires the person bringing the lawsuit, known as the “plaintiff”, to prove the other party, known as the “defendant,” is legally responsible for the injury.
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What Do I Need to Prove Negligence for a Brain Injury Claim?
The plaintiff must prove a traumatic brain injury lawsuit through four key factors.
- The defendant legally owed a “duty of care” to the plaintiff.
- The defendant breached that duty of care.
- The actions or lack of action of the defendant caused the injury.
- The injury or losses suffered by the plaintiff can be recognized and measured by law.
Unless the case meets all four criteria, there is no basis for a negligence claim,
Choosing a Law Firm
Traumatic brain injury cases are complex, both in legal and medical terms. A great deal of evidence and legal know-how is required to prove the above four points. Consequently, you’ll want to enlist the services of a skilled law firm with experience in the field.
Ideally, seek out one with a track record of success regarding high-value claims. Additionally, insist on an attorney with extensive experience in dealing with brain injury compensation cases.
Getting Evidence Together
The first thing an attorney will do in a brain injury claim is ask the affected person a series of questions about the nature of the injury. Examples include:
- When did it occur?
- How did it occur?
- What were you doing at the time?
- What else do you remember about the event?
- What medical treatment and diagnosis have you received since.
Of course, brain injuries events can often be challenging to remember thus these may be difficult to answer on a whim.
For this reason, take your time to think them over ahead of the interview and aim to be as accurate and factual as possible.
External evidence worth gathering includes witness statements, newspaper clippings, accident reports, and anything else related to the case.
How Much Compensation Can I Expect?
Due to the sheer multitude of variables, it’s difficult to provide an estimate.
Contributing factors include the type and severity of damages, the characteristics of the plaintiff, the extent of liability, and where the case is tried.
A payout could be anywhere from US$10,000 to $26 million.
Get Help in Michigan
Michiganders can request a free consultation with Hakim Law. The expert team specializes in brain injury claims throughout the Warren, Grand Rapids, and greater Detroit region.
