Brain injury is perhaps the worst of all the causes or forms of suffering given its impact on the overall well-being of the person, and in legal context, it could also be the most expensive to compensate for by the person at fault in an accident. There lies then two sides of the dispute - the one involving the right of the victim to claim for indemnity and the other the right of the accused to defend oneself until the verdict of the case is laid down. This is but a complex process to go through regardless of whichever side you belong; as such, it is a requisite to be aware of the fundamental facts about brain injury claims as explained below:
Overview of the Brain Injury Claim
This type of claim can be rooted from the fault or negligence of another person (driver, landlord or medical professional) that resulted to accident and from which such injury was sustained. It is thus a legal remedy of the victim to file a lawsuit for the compensation of the losses (lost wages, medical bills, rehabilitation expenses, emotional distress, etc.), but this should be formally filed in court within the due date as specified in a particular jurisdiction. Nevertheless, it is also possible for the parties involved to go through mediation process which is noted to be more affordable than going to trial; depending on the circumstances, though, you have to decide which one is the most favorable to your side.
Knowing the Legal Basis of the Case
Prior to taking any legal action, it is imperative to know the legal basis of your case first. This concerns on the lawful and sufficient ground to pursue the claim against the accused, and with which also that you can gather evidences and determine the possible outcome of the personal injury lawsuit. Meanwhile, it should be noted that most of the brain injury cases are predicated upon the theory of negligence - this requires the person filing the case to prove that the party being sued is liable for the injury. In order to prove this, the claimant or her/his attorney needs to prove that there was a failure on the part of defendant to act with reasonable care toward the former, the action results to the injury of the victims, and the plaintiff sustained injuries or damages which are measurable or quantifiable under the existing law/s.
Necessity of Gathering Evidences
Nothing could be said easy when it comes to this personal injury case as you have to link the suffering to the negligent conduct of the accused to prove the claim; it is but a difficult and complicated matter to pursue. As such, if you so desire to file a lawsuit instead of going through mediation process, it is very important to gather evidences showing the culpability or liability of the defendant. In particular, you should secure proofs relative to the cause, time, and location of the accident, testimonies from eye witness, and the medical findings about your brain injury. If you are working with an experienced attorney, s/he already knows what to do for the favorable outcome of your injury case.
Needless to say, the brain injury claim or lawsuit is a hope for the accident victims to recover from both the emotional and financial suffering which may last up to their senile age or even a lifetime. So if you have a relative undergoing this distress, it is really worth pursuing a personal injury case.
Guest Author Bio
The author is a Common Wealth Injury lawyer who loves to share his expertise and help those who have suffered from brain injuries as a result of accident. His associates also do the same and are always available to serve the urgent needs of clients who wish to be guided in filing a claim for compensation. They also ensure that the claimants will have competent legal representation as they know that only through which that justice could be served.