Basics of Brain Injury Cases
A brain injury can be caused by a motor vehicle accident, sporting activity, bad fall, machine accident, product malfunction, or even medical negligence. If you’re convinced that a brain injury was the result of the negligence of another person, you have the right to apply for compensation.
Brain injury cases are difficult to prosecute for a number of reasons. To begin with, brain injury is not always an obvious injury. Unlike a broken limb, which can be easily seen and ascertained by an X-ray. The symptoms of brain damage may appear long after the incident, making it harder to prove the correlation. Also, many victims of a severe brain injury may lose their memory. This makes it more difficult to provide the information needed about the incident that caused it. You are then forced to rely on witness accounts whose accuracy may be questioned.
In such a case, a medical expert is vital. The accuracy of a doctor’s report goes a long way in making or breaking a case. The insurance company is likely to bring in their own doctors to dispute the diagnosis. They will argue that most brain injury symptoms can be the result of other medical conditions. The plaintiff must also prove the following:
- The accused failed to be reasonably careful as required by the law, or that he owed the plaintiff what can be referred to as the ‘duty of care’.
- The accused caused the injury through action or inaction.
- The accused failed to act with sensible precaution towards the plaintiff.
- The injuries or losses suffered can be measured under the law
There are several instances that can be cited for brain damage. Sample the following cases:
- A head-on collision where a driver swerved out of his lane. An occupant in the second car is thrown against the wind-shield and sustains a traumatic head injury.
- The airbags fail to inflate in an accident which leads to brain injuries suffered by the victims. The car company and/or air bag manufacturer can be sued for product liability.
- A child has tainted growth as a result of lead exposure emanating from using toys coated with lead paint.
- A doctor fails to give a proper diagnosis and the medical condition worsens to the extent of causing a brain damage.