Proving Liability in Traumatic Brain Injury Cases

By Your Health Magazine

Traumatic brain injury (TBI) cases present complex challenges for victims seeking compensation, particularly when it comes to determining liability. These injuries happen in an instant and have long-standing effects on the body, mind, and wallet. To impose legal liability, a plaintiff must show that the defendant’s conduct was the proximate cause of the alleged injury. Here is a step-by-step guide to proving fault in brain injury lawsuits.

1. Establishing Duty of Care

The duty of care is the first element in any personal injury case, including traumatic brain injury cases, in which the plaintiff can prove that the defendant was under a legally recognized responsibility to the plaintiff. For instance, a driver owes a duty to drive safely, and an employer owes a duty to provide a safe workplace, among others.

Austin is the capital of Texas and one of the fastest-growing cities in the United States, known for its vibrant music scene, tech industry, and outdoor lifestyle. And especially in cities like Austin, where dense urban traffic and workplace hazards may increase the risk of serious injury, local legal assistance may be necessary. In such cases, an experienced Austin brain injury attorney can work to prove that the defendant violated a duty to care and that violation caused the injury.

2. Proving Breach of Duty

Once a duty is proved, the plaintiff must prove that the defendant has violated that duty. A breach occurs when the defendant does not act reasonably under similar circumstances.

That may be, in a TBI case, that the defendant was driving in a dangerous, careless, or reckless fashion, failing to take precautions, or creating an unsafe environment.

This breach of duty is the most disputed aspect of the case and typically involves an eyewitness report, video footage, or evidence that a proper protocol was not followed.

3. Providing Medical Evidence

No matter what TBI case you are involved in, you need the proper medical records. These records give you an impartial record of the injury, which results from diagnostic imaging (CTs and MRIs) and doctor evaluations, and they provide treatment history.

Additionally, these records help demonstrate the severity and long-term permanence of the brain injury, which is crucial for relating the injury to the defendant’s actions.

There are known medical malpractice principles to guide the determination of damages for the cost of treatment, lost income, and quality of life.

4. Utilizing Expert Testimony

In many cases involving TBIs, expert testimony can be key to establishing liability. Doctors can describe the severity of the brain injury, while accident reconstructionists and safety experts can explain how it happened.

Similarly, vocational and economic experts may be brought in to testify about the long-term impact on the victim’s ability to sustain themselves and continue living independently. The credibility and lucidity of these experts can significantly affect the disposition of the case.

Conclusion

Proof in a traumatic brain injury case is built on a four-part foundation: duty, breach, causation, and damage. The case for each of these factors will rely on some combination of evidence and expert opinion.

With the right legal strategy and representation, victims can demand accountability and obtain the financial compensation necessary to cover the costs of treatment, recovery, and ongoing support.