A car accident can be a traumatic experience that leads to various injuries. Brain injury is a common type of injury that may have lasting issues.
If you or a loved one is suffering injury due to an auto accident that is not your fault, it may be possible to file a personal injury claim. To create a strong case, there are a few things to keep in mind.
Though it may be possible to collect evidence at a later date, it is usually best to gather evidence immediately after the accident. Depending on the severity of the injury, it may not be possible for the individual to collect information then. In such instances, the injured person should obtain the police report as soon as possible, as well as any eyewitness statements. Individuals should also keep copies of their medical records and bills. Especially in the case of brain injury or trauma, medical records help to establish the severity of the injury.
Burden of proof
The claimant holds the burden of proof, and in the case of brain injury, it is critical that he or she proves the negligence of the other party. In short, negligence is when a party does not exercise the same level of care that another individual in the same situation would use.
In order to prove negligence, the courts usually expect to see certain elements. They tend to consist of four components:
- The accused owed a duty of care
- The accused did not uphold that duty
- The lack of duty lead to harm
- The harm resulted in damages
Having proper evidence to support a claim is critical. Without enough evidence, the opposing party may try to blame the claimant in part. If the court agrees, this may increase the claimant's comparative fault and decrease the claim or settlement amount.
There are more parts to creating a solid brain injury claim, but these are a few of the most important elements. If you are considering filing a case, consult with a knowledgeable attorney to determine the best course of action.