The Role of a Traumatic Brain Injury Lawyer in Filing a Successful Claim

1. August 25, 2017 The Role of a Traumatic Brain Injury Lawyer in Filing a Successful Claim Traumatic brain injuries are unfortunately among the most common injuries sustained by people all over the country. In fact, statistics show that as much as 1.4 million Americans suffer from this condition yearly. 1

2. Otherwise known as TBI, traumatic brain injuries can be caused by several factors, whether accidental or deliberate. This kind of brain injury affects one of the foremost organs in the body, putting the sufferer at high risk. Sometimes, the worst that happens is that the sufferer misses a few weeks at work, but eventually fully recovers. For the more unfortunate ones, however, TBI can mean a loss in mobility or impairment of senses, or sometimes, even death. Because of the major disruption that TBI does in the lives of the patient and their loved ones, the law gives them the opportunity to make a claim for monetary compensation for their troubles. Determining Legal Basis A traumatic brain injury can occur from a car accident, a medical treatment mishap, or a deliberate violent attack on the person. Regardless of motivations or intentions, what is significant is the proper identification of the defendant. Naming another party as the liable one in a traumatic brain injury requires clearly establishing liability. First of all, the defendant must be shown to have a duty or obligation to practice reasonable care in relation to the plaintiff. Second, the defendant failed to meet this requirement by not being able to act with said reasonable care. Third, because of this failure, the plaintiff incurred injuries. Fourth and last, these injuries are something measurable under the law. Establishing all of these just to be able to justify your claim is definitely challenging, which is why you need the help of a traumatic brain injury lawyer to see it through. Gathering Evidence A traumatic brain injury suit can be filed either by the patient himself or a family representative. If you’re the one taking care of your case itself, then you can easily provide pieces of evidence or firsthand testimonies about what happened leading up to the brain injury. In case you are a representative of the victim, however, such as when a victim falls into a coma or is a minor, for example, then you have to be very meticulous about gathering the evidence. From medical bills to prescriptions of medications, papertrail of the diagnosis and exams, police reports, witness testimonies, and more, all of these would have to be properly curated and sorted 2

3. through for presentation in court. Don’t be too quick to dismiss an item as useless or not fit for evidence. Instead, let your lawyer assess its relevance and determine its usability for the case. Computing for Damages In seeking for a claim, you must give an amount that you think is going to be fair and reasonable for you to have given the circumstances. This computation may included the costs of medical exams and treatments, medication, rehabilitation, and wages lost among others. Again, your lawyer can help you set the amount for this. Don’t hesitate to approach a law firm such as D&Z Law Group at the soonest to get a start on preparing the case. About D&Z Law Group: D&Z Law Group is a California-based law firm focusing on the practice area of personal injuries, including traumatic brain injury lawsuits. We are always ready to help, knowing how emergencies can happen at any time of the day. That’s why our office accommodates phone calls 24/7. Sources: Brain Injury Lawsuits. NOLO.com. Brain Injury Lawsuit FAQs. FindLaw.com. 3