Brain Injuries and Their Legal Challenges

The Centers for Disease Control and Prevention estimates approximately 1.4 million people each year suffer some type of brain injury. This injury often occurs as the result of an auto accident, although it may happen during a sporting event or from a slip and fall. Whenever a person ends up with brain damage as a result of the incident, he or she may be entitled to compensation. How does one go about obtaining this compensation? Frekhtman & Associates explains the steps that need to be taken at this time.

Retaining an Attorney

First, the injured party or someone acting on the victim’s behalf should speak to a personal injury attorney. Any case that involves an injury of this type likely comes with complex medical and legal issues, thus a person experienced in handling these types of cases needs to be consulted. This expert becomes of great help in establishing the legal basis for the case.

The Legal Basis

Most individuals file a lawsuit claiming the person responsible for the accident was negligent in some way and at fault for the injuries. To prove this, this plaintiff must be able to show that, under the law, the defendant had a duty of care to the victim and failed to act with reasonable care. This action or inaction on the part of the defendant is what led to the injuries and these injuries or losses can be measured under the law.

Why Is This Difficult?

If an individual goes to the doctor and obtains medical proof he or she sustained a brain injury, why is it difficult to prove in court? The brain injury is likely a complex one and can be hard to detect. Furthermore, the effects of the injury must be established and doing so can also present a challenge. The goal is to gather as much evidence as possible to show the injury was the direct result of actions on the part of the defendant or failure on his or her part to act.

To learn more about brain injuries, contact Frekhtman & Associates. The firm can be of great help in building a case against those responsible. Every victim deserves compensation and the firm works to ensure they get it.

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