What You Must Prove to Win a Brain Injury Negligence Claim

After an accident, you may not realize right away that you have suffered a traumatic brain injury. Symptoms of brain injuries can be subtle, and sometimes do not show up right away. After realizing the extent of your injuries, however, you may want to pursue a claim for compensation from the party responsible for the accident that caused your injury. This compensation can be important in order to cover your medical costs, rehabilitation expenses, and lost income from your inability to return to work after the accident. Some victims choose to pursue a claim based on a theory that the defendant’s negligence caused their injury.

Proving a Negligence Claim After Suffering a Brain Injury

Filing a claim against a defendant based on a theory of negligence requires that you prove the following:

  1. The defendant owed you a duty of care.
  2. The defendant failed to act with reasonable care.
  3. As a result of the defendant’s actions or inaction, you suffered injuries.
  4. You suffered damages that are measurable under the law.

An important aspect of a brain injury claim based on a theory of negligence is proving causation. This means you must show that not only did you suffer a brain injury, but that it was the defendant’s conduct (or failure to act) that actually caused your injury.

Deciding how best to pursue a claim for compensation after a brain injury requires the guidance of a knowledgeable and experienced legal professional. We are here to help you obtain the compensation you deserve. We encourage you to contact us today for more information at 800-989-6385.

Peter Steinberg, Esq.
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Los Angeles Personal Injury Attorney Since 1982
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