The Centers for Disease Control and Prevention (CDC) reports that 1.4 million people in the United States suffer head or brain trauma annually. If you or a loved one has suffered a traumatic brain injury as a result of an accident, you need to understand your rights to compensation under personal injury law. This post outlines the steps you will want to take if legal action is what you seek.
The first thing anyone suffering traumatic brain injury should do is seek immediate medial care. Only a qualified physician can tell you if your injuries are serious enough to warrant treatment as many serious brain injuries do not accompany visible symptoms.
If you are seeking compensation for your injuries, the you should also contact an experienced personal injury attorney like the accident lawyers of Panio Law Office in Chicago, who specialize in brain injury litigation. The complexity of brain injury cases surround questions of liability and medical diagnosis. So it is important to speak with an attorney who can help sort out all of the issues in your case, help to identify the individual or entity potentially responsible for your injuries as well as qualified physicians who can help establish the depth of your injuries and likelihood of causal elements in your case.
Brain injuries can result from slip and falls, car accidents, workplace injury, sports and violent assault. In most cases, the legal theory that will serve as the basis of your case is neglect. Proving negligence (and resulting injury) is then the focus of your attorney's case. It is often imperative that the aid of expert medical testimony be a vital part of that effort.
Other factors pivotal to the success of any negligence-based brain injury claim include proving:
- the defendant owed the plaintiff a “duty of care” (or that the defendant had a responsibility toward the plaintiff to ensure a level of safety or care).
- the defendant failed to act with reasonable care toward the plaintiff.
- that failure was the cause of the plaintiff's; and
- that the plaintiff's injuries or losses are measurable under the law
Needless to say, that can be a difficult battle, particularly if the defendant has considerable legal resources at their disposal.
The attorneys of Panio Law Offices in Chicago offer a wealth of experience in litigating brain injury cases. We understand the difficulty in proving brain trauma in some cases. We work hard to collect evidence about the nature of your injury and the accident that caused it to help prove your case.
If you would like to speak with a personal injury attorney about filing a personal injury claim, call our offices at (312) 313-0305. We will work hard to ensure you receive the highest level of damages to which you are entitled, helping you get back to living your life.