Traumatic brain injury court cases are often complicated issues. When you have received a traumatic brain injury (TBI), it is not unusual to file a lawsuit against the responsible party. Traumatic brain injuries may require extensive and long-term medical care. The responsible party should be held accountable for your suffering and expenses. Proving fault and the extent of injuries will require the services of a brain injury lawyer.
Establishing the Basis for Brain Injury Court Cases
The first thing that your lawyer must do is meet the requirements for filing traumatic brain injury court case in Ontario. To do this, they must show the following four factors:
- The person responsible for the injury had a duty of care to act responsibly and not cause any injuries,
- The person did not follow duty of care, and an accident resulted,
- The accident caused damage, and
- The injury victim has suffered losses due to that injury.
All brain injury court cases must be able to meet these criteria before they are accepted as an open case by the court system.
Factor One – Establishment of Duty
Everyone has the duty to act in a manner that does not lead to harming another person. For example, a driver has a duty to follow traffic laws to avoid accidents, or a business owner has the duty to keep their walkways safe for their clients. Establishing duty is generally the easiest part of any personal injury case.
Factor Two – Failure to Follow Duty
For traumatic brain injury court cases, the lawyer needs to show that the responsible party acted in a way that was negligent. They must be able to show that the actions were taken by that person or business, or their failure to act to a situation was the direct cause of the accident that led to your injury. Your attorney may need to bring in expert witnesses and testimony to establish the fault of the accident.
Factor Three – Accident is the Direct Cause of the Brain Injury
Brain injury court cases must show that the brain injury was a direct result of the accident. This is proved through medical records and accident report information. Your medical care provider will show how the brain was affected by the accident and that the injury was a direct result of that accident. Your healthcare providers will also be able to show that you were not being treated for brain injuries prior to the accident. Causes of traumatic brain injuries.
Factor Four – The Injury Has Caused Losses
Your lawyer must show the court that the brain injury that you received has caused you losses financially. This will include the cost of your medical care both now and in the future for treating the brain injury, losses of income you sustained, future earning capacity if you cannot return to work, and other similar losses that are a direct result of the injury.
A Successful head injury court case will be able to prove all of these factors. Your lawyer will discuss with you all of these points and establish how they are going to prove each factor. Your attorney will also discuss with you what they will need you to do to help with your case.
A Note for Families of a Person With TBI
Our lawyers understand that traumatic brain injuries affect each person differently. We also understand that a person suffering from this type of injury may need assistance from their family when pursuing legal action. We encourage family members to support their loved ones when they are suffering from this type of injury and help them make the decisions necessary to make a claim for compensation for their injuries.