To demonstrate that you are entitled to recover damages for a brain injury, you must demonstrate that the at-fault person’s negligence caused your accident. To demonstrate negligence, you must show that the at-fault person or entity owed you a duty of care in the first place, that he or she violated that duty of care, and that the accident occurred as a result. In addition, you must show that your brain injury directly resulted from the accident.
If you suffered your brain injury in a motor vehicle collision, for example, you must show that the at-fault driver did something that a reasonable motor vehicle operator would not have done (such as driving a motor vehicle while intoxicated), or that the driver failed to do something that he or she should have done (such as stop at a red traffic light).
In the case of a brain injury that occurred in a motorcycle or bicycle accident, you must demonstrate that the at-fault driver was negligent and/or that a road hazard or defect caused or contributed to your injury. For example, you may allege that a construction company or governmental entity failed to properly maintain the road in a reasonably safe condition at the time of your accident.
Finally, in the case of a slip and fall accident that resulted in a brain injury, you may bring a claim against the premises owner for not maintaining the property in a reasonably safe condition to prevent patrons from falling on the ground.
If you suffered a brain injury as a result of medical complications or some form of medical malpractice, you may allege that the healthcare provider who treated you failed to act as a reasonable healthcare provider would have acted under the same or similar circumstances.
Finally, if you suffered a brain injury because of a defective product that malfunctioned when you tried to use it, you may assert a claim or file a lawsuit against the product manufacturer or anyone else who is in the chain of distribution. For example, you may allege that the product was not designed or manufactured properly, and that these defects resulted in the malfunction that led to your head injury or injuries.
An experienced brain injury attorney in Atlanta can review your accident case and determine whom to bring a claim or file a lawsuit against, depending upon the circumstances of the accident that led to your head injury.
