What To Consider Before Taking Legal Action For A Brain Injury

If an accident victim has suffered a brain injury, then he or she might give thought to taking legal action against the responsible party. That would provide the injured victim with an increased likelihood for winning a fair compensation package.

The ideal approach to use, when negotiating with the insurance company

Consult with an attorney. Learn what must be proven to the court, in order to win the desired compensation package.

The plaintiff must prove that the defendant is legally responsible for the brain injury.

• Show that the defendant had a duty of care towards the plaintiff.
• Show that the defendant’s duty was breached, as a result of his or her actions, or failure to act.
• Show that the defendant’s actions caused the plaintiff’s injury.
• Prove that the plaintiff’s injuries and losses were measurable.

Sometimes a defective product can cause an injured party to sue the maker or seller of the defective item.

The defect needs to diminish the ability of the defective item to protect the injured region of the body. In cases where the plaintiff has suffered a brain injury, the affected area is the human skull.

A motorcycle rider might go after the maker of a helmet, if that helmet had failed to keep the rider from suffering a traumatic brain injury. The same motorcycle rider could not file a defective product case against the maker of bikers’ gloves, if gloves had been worn on the day of an accident, one that had caused the glove-wearing biker to sustain a brain injury.

Efforts that the lawyer and the injured client should take together:

The victim/client should take notes, upon returning home from the accident site. Later, that note taking needs to continue, as the client’s symptoms come and go. Eventually, the client should review his or her notes with the hired attorney.

The client and the attorney must work together to preserve all the evidence. A smart Injury Lawyer in Richmond Hill alerts client to the location of valuable evidence. For instance, it could prove important to save the entire collection of items that were in the plaintiff’s vehicle, when it collided with the other party’s vehicle.

Suppose, for example, that one of the passengers was carrying eardrops, because he or she was suffering an ear infection. A jolt to the skull, in someone with an infected ear could encourage development of a brain injury. The effects of the infection might cause some section of the brain’s tissues to malfunction.

In addition to nervous tissue, the brain contains fluid-filled ventricles. A malfunction in the brain might result in a buildup of fluid in those same ventricles. That would cause the affected patient to develop a condition that is known as hydrocephalus.

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