Proving Fault in a Brain Injury Claim
It is tragic when an individual sustains a brain injury, and even more upsetting when the injury was the result of another's negligence and could have been prevented. If your loved one has suffered a brain injury, you may be eligible for compensation from the party responsible for the injury. Contact a personal injury lawyer to help you obtain compensation for medical bills, lost wages, and pain and suffering.
Factors in Proving Fault
In a brain injury case, you must prove fault on the grounds of negligence, intentional wrong, or strict liability.
Negligence
In order to prove fault on grounds of negligence, the plaintiff must show that the defendant caused the injury or did not take action to prevent it. Negligence may have occurred if a reasonable person would have acted differently under the same circumstances.
Comparative (Contributory) Negligence
In some situations, more than one person (including the injured party) may be at fault for the injury. When the victim’s actions could have helped cause the injury or make it worse, it is known as comparative negligence and he or she might be held partially responsible for his or her own injuries.
Intentional Wrong
If the defendant deliberately injured the victim, such as in an assault, it is considered an intentional wrong or intentional misconduct. In such cases, the plaintiff only needs to prove that the defendant intended to cause harm.
Strict Liability
Strict liability often applies in product liability cases. Under strict liability, manufacturers can be held liable for injuries caused by a dangerous or defective product, even if they were unaware of the defect. In a strict liability case, the plaintiff needs to prove that the product was defective and that the defect caused the injury.
Contact a Brain Injury Attorney near You
An experienced attorney can determine who was at fault in your brain injury case and hold them liable so that you obtain the compensation you deserve. Visit LawyerShop.com to find an attorney near you from a directory of experienced lawyers across the nation.