Elements of a TBI Claim

Every year, 1.7 million American citizens suffer a traumatic brain injury (TBI) or spinal cord injury (SCI). The Center for Disease Control (CDC) estimates that in excess of 3.5 million Americans suffer from a permanent type of brain injury, and 52,000 people die from brain injuries annually. Yet, many don’t realize there are compensation options for your injuries.

Three Main Elements

After two decades of helping those after an injury, The Michael Brady Lynch Firm has identified three main elements of a TBI claim. For a successful claim, a knowledgeable attorney must show a clear duty of care. This means that the corporation or person should have protected you. This includes:

  • Premises liability:  Commercial property owners have a duty to inspect their property and repair any issues found. Plus, if these issues are not repaired, they owners need to warn you.
  • Products liability: The manufacturer has a duty to design or make a safe product to protect consumers. There should be appropriate warnings and instructions to protect you. When this doesn’t happen, a corporation may be liable.
  • Medical malpractice: If a medical professional does not diagnose your TBI, and you have more injuries from it, then the doctor could be liable. This is an act of omission that deviated from the expected standard of care.

Proving Cause

In order for you to prove damages, an experienced attorney needs to prove that the defendant was liable for your TBI. However, the defense will try everything to probe your head injury was your fault. This is either with a pre-existing heady injury before the accident or incident or negligence causes/exacerbated injuries. 

It is important to have a knowledgeable staff to create a timeline of your TBI. This includes the date of the accident and all the recovery. This will help to get the most damages for your TBI claim. Treating a TBI gets expensive. This includes lost wages, medical bills, other expenses related including pain, suffering, disability or loss of function.

Free TBI Claim Consultation

In the event of a possible head trauma, one is often rushed to the nearest emergency room. Hopefully the emergency room doctor runs all the standard procedures and tests in place to diagnose a TBI. Even so, MRIs and CT scans will not always provide the conclusive evidence needed to confidently diagnose a TBI. Qualified traumatic brain injury attorneys like those found at The Michael Brady Lynch Firm know the best technologies and tests for TBIs. We even know the relationships between a potential closed head injury and whiplash even if practitioners mistake the danger between head injury and whiplash. Let our 20 years of getting justice for those who have been injured bring you justice. Contact us today for a free, no-obligation case review.

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