Frequently Asked Questions On Brain Injury Claims
Brain trauma is a challenging injury to diagnose and also difficult to prove. There are several types of brain injuries: mild and severe brain injuries. To ensure you make the appropriate claim after a brain injury, you should hire an experienced personal injury lawyer. Here are some frequently asked questions on brain injury claims.
How Do You Prove You Have a Brain Injury?
The main basis of brain injury lawsuits is a legal concept known as negligence. To make a negligence claim, you need to prove that the liable party or defendant is legally responsible for your injuries. You should prove that the defendant had a duty of care. This means that the accused was required to be reasonably careful.
Additionally, you need to show that the defendant did not act reasonably, and their inaction led to your injuries. You also need to prove that your injuries were a direct result of the defendant's negligence. Some medical tests used to show brain injuries include Magnetic Resonance Imaging (MRI) tests and Positive Emission Tomography (PET) scans.
What Type of Lawsuit Should You File for a Brain Injury?
The type of lawsuit you should file will depend on how you sustained the injury. For example, if the injury results from a slip and fall in your apartment building, you should file a lawsuit against the property owner. If the injury is caused by a car accident, you should make a claim against the at-fault driver.
On the other hand, if your injury arises while you are under treatment, you should file a medical malpractice lawsuit. If the injury is caused by a product like an airbag or trampoline, you should file a product liability lawsuit. Your personal injury attorney will advise you on the appropriate lawsuit based on your case.
What Are the Types of Damages You Can Claim for a Brain Injury?
There are two types of compensable losses for head injury cases: general damages and special damages. Special damages are out-of-pocket losses including the cost of medical treatment, lost wages, and lost earning capacity. In wrongful death cases, these losses include funeral and burial costs.
Your personal injury lawyer can also claim non-economic losses. These are subjective losses that are not easily quantified. These include loss of enjoyment of life, emotional distress, loss of companionship, mental anguish, and pain and suffering. Your lawyer may also claim punitive damages to punish the defendant for their negligence.
For more information, contact a personal injury lawyer today.