Proving Liability in a Traumatic Brain Injury Case
Traumatic brain injuries can have debilitating and lifelong effects on a person’s physical, cognitive, and emotional functions. Many injury victims require long-term medical care and therapy, which can lead to substantial financial losses. If another person or party’s reckless actions caused a traumatic brain injury, they should be held liable for resulting damages.
Proving liability in a traumatic brain injury case is not always simple. Traumatic brain injury victims in Salt Lake City, UT, Provo, UT, and surrounding areas can work with brain injury lawyer Lynn C. Harris to ensure that adequate evidence is gathered and that all elements of a personal injury claim are demonstrated.
Elements of a Traumatic Brain Injury Case
In any personal injury case, there are certain elements that must be proven to substantiate the plaintiff’s claim of liability and prove that damages are due. The four elements of a traumatic brain injury case are duty, negligence, causation, and damages.
To show that someone is liable for traumatic brain injury damages, the plaintiff must first demonstrate that the person or party had a duty to exercise reasonable care. Demonstrating a duty of care will depend on what type of accident caused the traumatic brain injury. For instance, drivers have a duty to protect other people on or near the road, businesses have a duty of care to ensure their property is safe for patrons, manufacturers have a duty to ensure their products work safely as directed, and so on.
After establishing a duty of care the plaintiff must prove liability by demonstrating that the defendant was negligent in their duty, or that they failed to exercise reasonable care. Examples of negligence include drinking while driving, speeding, failing to clean up a spill or other hazard, or manufacturing a product with defective parts.
Showing negligence is not enough to prove liability. It must also be demonstrated that the defendant’s negligence was the cause of the plaintiff’s injury.
The final element of a traumatic brain injury case is damages. The purpose of a personal injury claim is to pursue compensation for losses, so it must be shown that the traumatic brain injury has led to economic and/or non-economic damages, such as medical expenses, lost wages, and pain and suffering.
Evidence to Support Liability Claims
Evidence is the key to proving liability in a traumatic brain injury case, so that our Salt Lake City clients can be justly compensated for their losses. Types of evidence that are commonly used to prove liability and damages in traumatic brain injury case include:
- Witness testimony
- Expert testimony (i.e. primary care physician, neurologists, neuropsychologists, rehab specialists, etc.)
- Police report
- Photos from the scene of the accident
- Medical records from before and after the injury
Proving liability in a traumatic brain injury case is complex, which is why it is important for injury victims to have a knowledgeable lawyer on their side. If you or a loved one has suffered damages related to a brain injury, Lynn C. Harris can help you consider your right to financial compensation. To discuss the details of your situation, contact our law firm online, or call (801) 521-3200 and schedule a personal consultation.