How Do You Prove Negligence in a Brain Injury Case?

Proving Negligence Is Your Primary Goal

Suffering a brain injury is often a life-altering event. Even seemingly minor trauma can result in hidden issues that may not become apparent for years. Sadly, those who experience catastrophic injuries could have their lives immediately and irreparably changed forever. You often have legal recourse, but how do you prove negligence in a brain injury case?

This question is critical, because it will typically dictate whether you’re able to recover damages for the injuries you’ve suffered. It’s worth noting that negligence isn’t always required; compensation is often available for any wrongful acts that cause injury. However, the steps to proving each of these are basically the same.

And by understanding these essential considerations, it becomes easier to secure a fair outcome.

The Elements of Liability

Proving negligence in a brain injury case requires establishing liability on the part of the at-fault party. Proving liability is the only way to build the basis of negligence so that a court can grant compensation. If these elements are provable, it also increases the likelihood that insurers will offer a settlement rather than taking on litigation.

Duty of Care

It’s first necessary to show that the at-fault party had a duty of care. This can sometimes be straightforward. For instance, all motorists have a responsibility to avoid actions that could put others in harm’s way. If you suffered massive head trauma due to a negligent driver, this element likely exists.

Violation of Duty

A breach of a duty of care must also be established when proving negligence in a brain injury case. Sticking with the at-fault motorist example, a breach of duty could be engaging in any unsafe behavior or breaking traffic laws. Reckless driving, speeding, distracted driving, DUI, and other inappropriate actions are breaches of duty.

Damages

It’s not uncommon for breaches of duty to happen. Most of us see someone driving at unsafe speeds every day. However, the majority of these instances don’t result in damages. It must be shown that actual damages (e.g., medical bills, lost wages, pain and suffering, etc.) were suffered by the brain injury victim.

Causation

Brain injury victims and their attorneys must also show that the damages suffered by the claimant were a direct cause of the defendant’s breach of duty. Negligent drivers, their attorneys, and insurance companies often try to blame other factors — including the victim — for the damages caused.

Do You Have to Prove Negligence in Court?

When someone suffers head trauma due to the wrongful acts of others, it may be necessary to prove the elements of liability in court. In these instances, proving negligence in a brain injury case can be an uphill battle. Even if all the evidence is on your side, trials can take a long time to resolve. During this time, the victim may experience severe financial difficulties.

Fortunately, litigation is not a requirement. In fact, most personal injury cases never make it to trial. When insurers see that their client is likely liable under the rules of negligence, they may be motivated to engage in settlement negotiations. However, this doesn’t mean the settlement they offer will be fair. In fact, it’s likely to be much less than you deserve.

This is why it’s advisable to have a brain injury attorney handle settlement negotiations on your behalf. An experienced legal professional will understand what your case is worth and how to pursue maximum compensation effectively.

Proving Negligence in a Brain Injury Lawsuit

Unfortunately, insurance companies will not always be fair in their settlement dealings. At times, they’d prefer to take their chances in court – and it’s for this reason that victims and their loved ones must know how to prove negligence in a brain injury lawsuit. The good news is that court awards are often much higher than insurance settlements.

Of course, that’s only if you have sufficient evidence to prove your case:

• Medical records: Hold onto records that document your diagnosis, treatment, and prognosis of the brain injury
• Accident reports: Police and accident reports can show the circumstances of the incident during trial
• Expert testimony: Medical experts can explain injuries and how they happen, and accident reconstruction experts can establish fault
• Witness testimony: Eyewitness accounts can help establish the events that led up to and caused your injury
• Surveillance footage or photos: Visual proof of the incident or unsafe conditions that caused an injury can prove invaluable
• Social media: At-fault parties may make the mistake of discussing the accident — or even live-streaming it — on their social profiles

While this list may appear extensive on the surface, the reality is that it’s far from exhaustive. There is an abundance of evidence types that can help prove negligence in brain injury cases. The main issue is identifying what’s relevant and framing it in a way that the jury can understand. This is one of the many reasons brain injury victims benefit from experienced legal counsel.

Do You Really Need an Attorney?

When someone suffers a brain injury, either they or their loved ones will invariably question whether they need an attorney. In many cases, they may believe that negligence is so clear that the insurance company wouldn’t dare deny their claim. With such clear evidence, they might also suspect that a jury would undoubtedly side with them.

Unfortunately, such assumptions often precede unfair outcomes. If you’re going up against an insurance provider, it’s important to understand that they’re extremely experienced and knowledgeable at fighting claims. They also have extensive court experience. Even if negligence seems clear to you, unfavorable outcomes are quite common in the system.

This is why it’s so important to hire an experienced personal injury attorney. At Cornell Injury Law, we understand what it takes to prove negligence in brain injury cases and secure maximum compensation. Contact us at 319-946-4019 to schedule your free consult.