A brain injury is a serious injury that can leave life-altering damage. A brain injury occurs when your head jolts forward or receives a blow, or due to medical malpractice. The severity of the injury can range from mild, like a brief mental status change, to debilitating conditions. You may experience short-term or long-term brain injury symptoms like:
- Sensitivity to light
- Memory loss
- Sensitivity to noise
A brain injury may even cause death.
Common Causes of a Brain Injury
Unfortunately, a person’s head is an unforgiving surface which increases the risk of a brain injury. There are many causes of brain injuries, some of which are caused by:
- Car accident
- Medical malpractice
- Workplace accident
- Slip and fall accident
- Sports accident
Sometimes, a brain injury is the result of unforeseen circumstances. When you or your loved one’s brain injury occurs because of someone else’s fault, the party may offer you an injury settlement. This is a deal to avoid litigation. Typically however, settlement offers early on are totally inadequate to properly constitute a victim of a brain injury. The healing process can be very lengthy, but the insurance company may seek a low, quick settlement. Only a highly-trained and experienced brain injury lawyer can properly represent you or your loved one against the insurance company. Fontanella, Benevento, Galluccio & Smith has the skills and experience in a case of brain injury.
Proving Negligence in a Brain Injury Case
When a brain injury is caused by another person or a company (called the defendant), you must prove the party was negligent to win your case. Negligence simply refers to the defendant being at fault, or responsible, for the brain injury. Everyone has a duty to exercise care towards others. The defendant was responsible for doing something to prevent the injury.
Since your case falls in the category of personal injury litigation, you must prove elements of negligence to win. You must show:
- The defendant had a duty to exercise care to you or to the general public
- The defendant’s action, whether it was a failure to act or not, was not what a reasonable person would do in the same circumstances.
- The defendant’s action or inaction directly caused your injury
- You were injured
The elements of a negligence case seem pretty easy. You or a loved one are injured and the defendant injured you. However, the court requires evidence before it grants you an award for compensation. Evidence in a brain injury case may include a police report, medical report and testimony.
You need a knowledgeable brain injury lawyer to help you gather the evidence you need to prove your brain injury case. Fontanella, Benevento, Galluccio & Smith will look over the facts of your case and represent you in court or during injury settlement negotiations. We understand the magnitude of brain injury cases and will work diligently to help get you the help you need.