TBI Lawyers Will Help
TBI is the acronym used to describe a “traumatic brain injury”, and this is something that happens at an astonishing rate in the United States. In fact, the CDC (Centers for Disease Control) indicates that more than one million such injuries occur each and every year. They arise when someone has a severe concussion or head injury, and they can occur during sports, because of a car accident, and for countless other reasons.
Sadly, some of the TBIs that do occur were avoidable, and even something that requires a lawsuit. Before you do decide to begin legal action, though, it is best to discuss the entire matter with TBI lawyers who can review the incident and help you make the next steps.
After all, not all TBIs merit a lawsuit. It is those that are the result of negligence that TBI lawyers will pursue. This is because they were due to the negligence of another party or group, and that means that the person who sustained the injury deserves compensation for it under the terms of the law.
However, in almost all cases the TBI lawyers have their work cut out for them because they need to prove that the persons blamed for the injury really were the cause of the TBI, and that the person who has the injury did suffer measurable losses. In fact, TBI lawyers must:
- Show that the person being blamed for the injury was unreasonably negligent.
- Show that the laws did demand the person being blamed to have used reasonable care.
- Prove that the person being blamed is the cause of the injuries.
- Show that the person injured has suffered losses and injures that are measurable.
Proving these things in a lawsuit is not as simple as it sounds. The TBI lawyers will have to gather a tremendous amount of evidence, get legal and medical experts to testify, and demonstrate that the TBI was, ultimately avoidable, but occurred entirely due to the other person’s behaviors.
As a simple example, we’ll say that one driver suffered a TBI when another driver struck them head on with their car. The injured person wore a seat belt and still suffered severe head injuries. She will endure problems because of the TBI for the rest of her life, and it was the other driver’s drunkenness and poor driving that led to the injury.
This means that the driver was negligent, that they should have not been behind the wheel while drunk, that the accident that occurred was due to negligence and that the person injured has measurable injuries and expenses relating to that TBI. This would be a clear-cut case, and the injured person would receive compensation to cover ongoing expenses and even pain and suffering.
In addition to incidents like that allowing someone to file a TBI lawsuit, there are also product liability issues that can cause TBIs and which TBI lawyers can pursue.
Take Action Promptly
If you, or a loved one, sustain a TBI and it is due to the behavior or negligence of someone else (or even an organization or company), take action and get in touch with an attorney. There is a lot of work associated with TBI lawsuits, and the largest amount of the work is gathering up evidence and really building the case. In addition to the immediate injuries and damages, it is important to remember that many brain injuries impact someone for the rest of their life. Additionally, there can be delayed issues that do not manifest for a period of time after an injury. No one should suffer such injuries and then carry the financial burdens of them. Speak to an attorney and decide if you should pursue a legal case.
NOLO.com. Brain Injury Lawsuits. 2015. http://www.nolo.com/legal-encyclopedia/brain-injury-lawsuits-32219.html