According to the Centers for Disease Control and Prevention (CDC), an estimated 2.5 million Americans suffered from traumatic brain injury (TBI) in 2010—a number which has grown by a huge margin over the past decade. TBI cases can be caused by anything from athletic activities to vehicular accidents and can be very damaging if it were to happen to you. According to the law, a person who suffers a head injury through no fault of his own may be entitled to compensation.
First order of business: Consult a personal injury lawyer
If you or a loved one should suffer from TBI and you think someone is legally liable, you might want to file a personal injury claim. The first step you need to take is to speak with a highly qualified Brooklyn personal injury lawyer. Brain injury cases involve complex legal issues, so it’s critical to consult such a professional even if you haven’t decided to file a claim yet.
Negligence in a personal injury case
Most brain injury cases are caused by negligence. A negligence claim requires the person filing the claim (plaintiff) to prove that the opposing party (defendant) is the one responsible for the injury. To win a negligence claim, you as the plaintiff need to prove that the defendant was required by law to observe “duty of care” and failed to do so.
Proving negligence can be a challenge, so as the victim, you need to gather as much evidence as you can about the incident that caused your injury. Also, brain injuries are often difficult to detect and may only manifest itself months—even years—after the incident, so once you find yourself in an accident where you hit your head, have yourself checked by a medical professional and consult an experienced brain injury lawyer immediately.
Getting ready for your case
In preparing your case, your lawyer will ask you the events surrounding the accident and how you think the injury occurred. Don’t worry if you forget some details about the accident or if you have completely no recollection of it. The important thing is to remain honest with your lawyer. Once he knows your side of the story and has established that you have a case, he may assist you in gathering evidence from various sources like accident reports and witnesses.
TBI is a serious health problem. The State of New York has a time limit for filing a brain injury claim, and if it expires, you would become ineligible for compensation. If you believe you have TBI, don’t delay talking to a personal injury lawyer in Brooklyn.
(Source: Traumatic Brain Injury, CDC.com)