Traumatic Brain Injury Attorney

Proving Liability in Traumatic Brain Injury Claims: A Legal Perspective

By Steven Miller
Senior Partner

Traumatic brain injury (TBI) can have a profound and lasting impact on individuals and their families. Whether caused by a car accident, a workplace incident, or medical malpractice, seeking compensation for TBI requires proving liability. The process can be complex, but with the right legal strategies and evidence, victims can establish a strong case. In this blog post, we will explore the key elements involved in proving liability in traumatic brain injury claims.

Understanding Traumatic Brain Injury

Before delving into the legal aspects, it is important to understand what constitutes a traumatic brain injury. TBI occurs when a sudden external force causes damage to the brain, leading to a range of physical, cognitive, and emotional impairments. It can result from falls, vehicle collisions, sports-related accidents, or other incidents that involve a blow or jolt to the head. Proving liability requires establishing that another party’s negligence or intentional act caused the injury.

Establishing Duty of Care

To prove liability, the first step is to establish that the defendant owed a duty of care to the victim. This duty varies depending on the circumstances. For example, drivers have a duty to operate their vehicles safely, employers must provide a safe work environment, and healthcare professionals are expected to meet a standard of care. A skilled attorney will analyze the specific situation to determine the duty of care owed by the defendant.

Demonstrating Breach of Duty

Once the duty of care is established, the next step is to show that the defendant breached that duty. This requires demonstrating that the defendant failed to act in a reasonable manner or violated a legal obligation. For example, in a car accident case, a breach of duty may involve reckless driving, distracted driving, or driving under the influence of alcohol. In a medical malpractice case, it may involve a failure to diagnose or treat a head injury appropriately.

Causation and Proximate Cause

Proving liability also requires establishing a direct link between the defendant’s breach of duty and the traumatic brain injury. This involves demonstrating causation and proximate cause. Causation refers to showing that the defendant’s actions or omissions directly caused the injury. Proximate cause refers to showing that the injury was a reasonably foreseeable consequence of the defendant’s breach of duty.

Gathering Evidence

Compiling strong evidence is crucial in traumatic brain injury claims. This may include medical records, accident reports, witness statements, expert testimonies, and documentation of the victim’s physical, cognitive, and emotional symptoms. Medical experts can help establish the severity of the injury, its impact on the victim’s life, and the long-term prognosis. An experienced attorney will work closely with the victim and medical professionals to gather and present compelling evidence.

Comparative Negligence

It’s important to note that in some jurisdictions, the concept of comparative negligence may come into play. This means that even if the victim was partially at fault for the accident, they may still be entitled to compensation. The amount of compensation may be reduced proportionally based on the victim’s level of responsibility. An attorney will navigate this aspect of the case, ensuring the victim’s rights are protected.

Proving liability in traumatic brain injury claims requires a thorough understanding of the legal principles involved and a strong presentation of evidence. With the assistance of a knowledgeable attorney specializing in personal injury cases, victims can build a solid case and seek the compensation they deserve. If you or a loved one has suffered a traumatic brain injury, don’t hesitate to consult with a legal professional who can guide you through the process and advocate for your rights. At Miller, Montiel & Strano, P.C., we have decades of experience you can rely on and the compassion you need during what may be the most difficult time in your life. You can contact us now.

About the Author
Steven Miller, Esq. is the founding member and Senior Partner in Miller, Montiel & Strano, P.C. Mr. Miller’s extensive career as a trial attorney spans five decades. He tries cases for the catastrophically injured victims of construction site accidents, motor vehicle and premises accidents caused by the negligence of others. Mr. Miller is a detail oriented, tenacious attorney committed to achieving the maximum results for his clients; he has obtained numerous seven figure verdicts and settlements.