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Brain Injury and Negligence Claims: Proving a Duty of Care and Breach

Posted By Aguirre Law | August 21 2023 | Personal Injury

While most victims of mild brain injuries can make a complete recovery, some suffer from ongoing complications. Serious brain injuries can cause total disability, lead to devastating disease, and even end in death.

If you or your loved one suffered a traumatic brain injury through no fault of your own, you may be eligible to recover compensation for medical bills, ongoing care, rehabilitation, and other necessary therapies by pursuing a personal injury lawsuit. A successful brain injury claim depends on building and presenting a strong negligence case.

The following provides information about bringing a personal injury claim for brain injuries. For a personalized consultation, contact a brain injury attorney near you. 

Brain Injuries and Personal Injury Claims

Traumatic brain injuries are often catastrophic or life-changing. Many result from personal injury accidents like car accidents, slip and falls, and workplace accidents. Medical malpractice is also a type of personal injury.

In a personal injury case, an accident victim brings an insurance claim and/or a civil lawsuit against a wrongdoer’s insurance company to recover money for their accident-related injuries and losses. To collect any monetary damages, an accident victim must prove that the other party was negligent.

Proving Negligence in a Brain Injury Claim

Proving negligence in a brain injury claim requires that a victim or their attorney establish the following four elements:

  • The other party owed the victim a duty of care;
  • The other party breached that duty of care;
  • That breach was the cause of the victim’s injuries; and
  • As a result, the victim suffered compensable damages.

Unless a victim can establish a duty of care and a breach of that duty, there can be no brain injury claim.

Proving Duty of Care in a Brain Injury Claim

Duty of care is the responsibility to act in a certain way to prevent harm to others. Duty of care refers to a standard of conduct expected of individuals in specific situations.

For example, drivers have a duty of care toward one another when operating their vehicles. This duty of care includes obeying the speed limit, stopping at red lights, and not driving while drunk or drowsy.

Doctors have a duty of care towards their patients to act as similarly-trained medical professionals under the circumstances. When someone breaches their duty of care and harms another, they may open themselves to liability in a personal injury lawsuit. 

Breach of Duty of Care in a Brain Injury Claim

Once a party’s duty of care is established, there must be proof that the duty of care was breached or broken. In other words, the victim needs to show that the other party acted in a way that a prudent person would not given the same circumstances.

Evidence used to prove a breach in the duty of care may include:

  • Medical records;
  • Traffic camera footage; and
  • Eyewitness testimony.

Since medical opinions can vary, experts are used to prove a breach of duty of care in medical malpractice cases.

Contact an Experienced San Antonio Brain Injury Attorney Today

Brain injuries can exhaust a family’s resources and leave victims unsure of where to turn. Speak with an experienced San Antonio brain injury attorney at The Aguirre Law Firm, PLLC, for assistance today.

At The Aguirre Law Firm, PLLC, we can work with your family to find brain injury resources in your area and pursue the parties responsible for your losses. Our San Antonio traumatic brain injury attorneys have decades of experience working for injured Texans and their families.

Contact us now to schedule a complimentary claim evaluation.

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