To recover compensation for a brain injury sustained in an accident someone else caused, you will first need to file a personal injury insurance claim or lawsuit against the at-fault person or entity. That individual or entity’s insurance company will then become involved.
When it comes to proving fault (or liability) in a Lawrenceville head or brain injury case, the person who sustained the injury has the burden of proof. Specifically, the accident victim must show, by a preponderance of the evidence, that the at-fault party owed a duty that they ultimately violated. The accident victim must also show that they sustained a brain injury and that the accident was a cause of the brain injury. Typically, an expert doctor or healthcare provider will need to testify that, to a reasonable degree of medical certainty, the accident was a cause of the brain injury.
Assuming the accident victim can satisfy their legal burden of proof, the accident victim may pursue compensation for out-of-pocket expenses, lost earnings, and pain and suffering damages. The accident victim may also be eligible to recover compensation for a permanent disability or impairment, inconvenience, or loss of use of a body part that resulted from the brain injury. If you require lifetime care or ongoing medical treatment, those costs are compensable as well, assuming they are causally related to the at-fault person’s negligence and the accident.
If you or a person you love has sustained a head or brain injury because of another individual’s negligence, you have legal options available to you. The experienced team of Lawrenceville brain injury attorneys at Brauns Law Accident Injury Lawyers, PC are ready to assist you with pursuing the monetary compensation that you need for your head injury.