What Elements Are Needed to Prove Negligence with a Brain Injury?
Traumatic brain injuries affect 1.4 million people annually in the U.S. 50% of these injuries are caused by motor vehicle accidents. Hospitalization and mortality rates for adults with traumatic brain injury are highest in those 75 years and older.
Brain injury cases are among the most complex of all. This is because many of these injuries are overlooked or misdiagnosed. These injuries can happen from car accidents, slip and falls, workplace injuries, and other accidents.
When it comes to negligence, victims are tasked with more than recovering from their injuries. They must also prove that the at-fault party's negligence caused their brain injury. This is why it's important to consult an experienced brain injury lawyer to help navigate this complex process.
The Four Elements of Negligence in Brain Injury Cases
To prove negligence in a brain injury claim, four elements need to be proven to recover monetary compensation. Since these things are tricky to establish, especially after everything you have endured, obtaining the services of an attorney is advised in these circumstances.
Most traumatic brain injuries leave victims with lifelong consequences. This could mean costly medical treatments in both the short and long term. Traumatic brain injuries — or TBIs — can also prevent you from returning to work. In fact, only 40% of those with brain trauma are capable of returning to work within two years of injury.
If you or a loved one have suffered a TBI due to someone else's negligence, you must prove these four elements.
Duty of Care
You must show that the defendant owed you a duty of care. This is a legal obligation a person has to act reasonably to avoid injuring other people. In the case of a car accident, drivers have a legal duty to operate their vehicles reasonably and safely at all times. Failure to do so on their part could make them liable.
Breach of Duty
Defendants who fail to act in a reasonably careful manner have violated their breach of duty. While not all TBIs are caused by car accidents, it is easy to illustrate this point by thinking of a driver who runs a red light. Failing to follow traffic laws is a breach of duty of care.
Causation
You must be able to show that your brain injury was the direct result of the defendant's breach of duty. In other words, you have to prove that your brain was in good health and had no damage before the accident. Additionally, it must be proven that the injury was directly caused by the defendant's negligent actions.
Damages
As the plaintiff, you'll also need to show that you sustained damages. These can include economic damages, which are easily pinpointed with dollar amounts. Monetary damages will include things like past and future medical expenses as well as lost wages. You will also need to prove you sustained non-economic damages like pain and suffering, loss of enjoyment of life, and emotional distress.
In cases where a victim does not survive an accident, the surviving family members may be able to seek compensation in a wrongful death lawsuit.
How to Prove Negligence with a Brain Injury
Proving negligence in a brain injury case is complicated. Personal injury attorneys in Fort Walton Beach can help guide you through the process of proving negligence in your case. With the help of an attorney, you can focus on recovery while your lawyer handles your case.
About the Author
LTC News sponsored content like this reaches an audience interested in aging, caregiving, health care, lifestyle, long-term care, and retirement planning. Your sponsored content article can live on LTC NEWS indefinitely - or for one year, easily and affordably.
Sponsored Content
Contributor since August 21st, 2017
Editor's Note
Brain injuries and concussions are all too common. Falls are a big concern for adults aged 65 and older as they are the leading cause of brain injuries.
These falls can happen at home, in a store, while walking the dog, or even in a long-term care facility. Falls are a leading reason older adults go to the emergency room. These falls often result in an individual needing long-term health care.
There are many reasons people need help with daily living activities or supervision due to memory loss. Preparing for the consequences of changing health and aging is vital to a solid retirement plan. The cost of this care is expensive and rising sharply. You might think you have enough money, but few people do. Even those with enough savings to pay for care, only some people want to spend a significant amount of their savings on long-term care. Fewer want to place this burden on their family.
For many people, Long-Term Care Insurance provides tax-free benefits to address the future costs and burdens of aging. Does your retirement plan include long-term health care and the consequences it would place on those you love?
Getting Expert Assistance to Make Sure You Have the Right Plan
Several respected insurance providers provide long-term care solutions. The underwriting criteria each insurance company uses varies, and premiums differ by more than 100% between insurance companies.
Long-Term Care Insurance is custom designed to fit your needs and budget. To help you save money, a knowledgeable Long-Term Care Insurance professional will match you with the finest provider. Based on your age, health, family history, and other characteristics, an expert will compile accurate quotes from all the leading insurance companies.
Most people get coverage in their 50s. Seek help from a qualified specialist.
Find a Qualified Long-Term Care Insurance Specialist
Get Answers to Your Questions About Long-Term Care Planning
LTC NEWS contains a wealth of resources and tools. These resources can be useful as you research your upcoming retirement and plan to address future long-term health care.
Do Parents Need Assistance Right Now?
If your loved ones own a Long-Term Care Insurance policy, ensure they use their policy's benefits if they are fortunate enough to have it. Families often postpone taking advantage of these benefits, thinking they should save them for future use. Delaying available Long-Term Care Insurance benefits is not a good idea.
LTC NEWS can be helpful if your parent or parents need quality care.
Get help in locating quality caregivers or long-term care facilities and get recommendations for a proper care plan, whether a person has a policy. - Filing a Long-Term Care Insurance Claim.
These four guides can be beneficial as you try to find appropriate long-term care services for a loved one:
Today's Reverse Mortgages Can Benefit Older Families
Some people have a large portion of their savings in their homes. With the help of reverse mortgages, you can find ways to pay for quality in-home care, pay for LTC Insurance, and even assist with cash flow during retirement.
Yes, today's reverse mortgages may be the perfect way to pay for a Long-Term Care Insurance policy or even cover the cost of in-home care if you or a loved one is currently in need.
Asking an expert with your questions will help you learn more. Mike Banner, a columnist for LTC NEWS and the host of the television program "62 Who Knew," will respond to your inquiries about long-term care, reverse mortgages, aging, and health.
- Just "Ask Mike." - Reverse Mortgages | LTC News.
Be Part of LTC NEWS
Improve your website or blog's SEO and gain exposure and traffic at the same time by being a contributor to LTC NEWS.
You can promote yourself, your business, and your website or blog. It can include links to other sites, and you can share the article link once
published on your website or social media. However, it must have editorial content exclusive to LTC NEWS and not just an advertisement.
Email your story idea or article: newsroom@ltcnews.com - LTC News Contributors | LTC News
LTC NEWS - Your Advertising and Marketing Partner
LTC NEWS can help you drive traffic to your website and attract people who are interested in your products and services. Furthermore, you can improve the SEO of your website so that more customers can find you when they search for your products and services.
There are various marketing options available with LTC NEWS. Traditional advertising, sponsored content articles, strategic alliances, and more are available.
Learn more about how LTC NEWS can help market your business, drive traffic, and improve SEO - Advertise With Us | LTC News.
Shared Links
LTC NEWS offers a 'helpful links' page so readers looking for additional information can find them easily. You can get a dofollow link to your website on LTC NEWS in exchange for a dofollow link on your site.
Let's work together and help consumers who search for us on the web - Site Request | LTC News.
You can also affordably purchase a dofollow link to your website or blog on LTC NEWS. Just contact the advertising department.
Sharing News with LTC NEWS
Include LTC NEWS in your press release distribution. If your group, organization, business, political committee, etc., have news to share, send it to LTC NEWS. Email - newsroom@ltcnews.com
