Brain injuries are some of the most complex types of personal injuries. The brain is an incredible, working machine with the remarkable ability to heal over time. Yet, it is also very sensitive to outside force and trauma. When an accident occurs, causing damage to the head, the brain could suffer damage even if there is no outward evidence of this.
Understanding the details and depth of a brain injury case in Florida is necessary if you believe another person or business is responsible for the losses you have. Talk to a Sarasota brain injury attorney or Bradenton brain injury attorney if a loved one has suffered any type of brain injury and consider the following elements of a brain injury case in Florida.
To hold someone accountable for your brain injury, you must work through the elements of negligence and show exactly how this injury is the result of their actions. The first step is to establish a duty of care. Show the defendant owed you a duty of care or some obligation to act in a reasonably safe manner to avoid hurting others. This could occur, for example, in a car accident. The other driver is legally required to keep others safe.
Demonstrate the defendant did something that breached the duty of care. They failed in some way to act in a reasonable manner and violated that duty of care. In a car accident example, that could include speeding or not stopping at a stop sign. They failed to keep others safe by acting recklessly.
Next, you must demonstrate that the breach of duty of care directly caused the accident to occur. This is critical. Here, you need to show that the running of a red light caused the accident to occur, for example, because you had the right of way in the intersection, and they struck you.
You must demonstrate that the damages you have are directly the result of the accident. This should include economic and noneconomic losses, such as leading to medical bills and pain and suffering.
To show that a brain injury occurred, you must demonstrate the losses you have, such as medical bills from treatment of your medical condition to pain and suffering losses, which were related directly to the accident you were involved in. Your doctor and other medical professionals can demonstrate this by looking at all of the factors in your case. You must then show that the defendant caused the accident, the defendant acted in a reckless manner that breached their duty of care to you, and they owed you that duty of care.
This is sometimes complex. If the defendant can show that you had those injuries prior to the accident or that there is no linking the traumatic brain injuries you have now to the accident or the driver’s breach of duty of care, they may not be required to pay for your losses. Establishing a strong case backed by evidence to support your claims becomes critical in these situations.
A brain injury can change your life or your loved one’s life in an instant. Be sure to consult with an experienced Sarasota personal injury attorney or Bradenton personal injury lawyer about the brain injury that has impacted your life or the life of your loved one.
