The Legal Basis of a Traumatic Brain Injury Case
The legal basis for most traumatic brain injury cases is negligence. A lawsuit will be filed on your behalf. The complaint will sue the person or business legally responsible, or at fault, for causing the injury. Your lawsuit is filed alleging negligence. This means the defendant was legally responsible for causing your injuries.
To succeed in winning or settling a negligence lawsuit, the following must be proven:
• The defendant had a legal duty to be reasonably careful to protect
you from harm
• The defendant failed to protect you from harm.
• The defendant’s was the cause of your traumatic brain injury. This means the defendant did something or failed to do something that caused your injury.
• You suffered injuries and/ or loss for which you should be financially compensated
Your lawyer is responsible for connecting your injury to the defendant’s conduct. For instance, if your injury occurred because of a car crash. Your lawyer will show how the other driver failed to obey traffic rules. The failure to obey traffic rules caused the crash and your injury.
Another legal basis for a traumatic brain injury lawsuit is the defective product theory. A company can be held legally responsible for a product that isn’t safe for consumer use and causes injury.
Choose Eisenberg, Cutt, Kendell & Olson to Represent You in Your Traumatic Brain Injury Case
Whether you or your loved one has been involved in an accident, contact traumatic brain injury lawyers. A traumatic brain injury is a devastating and heartbreaking injury for you and your family. We are your traumatic brain injury lawyers devoted to getting you the money you deserve to help you recover from your accident.