Friday, December 9, 2016

Filing a Lawsuit for Traumatic Brain Injury

Traumatic brain injury (TBI) is incurred by external forces, usually mechanical in nature, such as a jarring blow to the head or an intense jolt to the body. It can also be caused by a foreign object penetrating the skull, such as a bullet or any other solid projectile.

Because the brain is such a sensitive organ, any injury to it poses dire consequences to the individual. From bruised tissues to bleeding, damaged nerves and memory loss, suffering from TBI is not something to be taken lightly, especially if it caused by another party.

Legal Recourse

Anyone who suffers from TBI may file for a personal-injury suit to gain proper recompense. In certain cases, the victim no longer possesses the cognitive ability to function because of the injury, in which case the immediate family may represent the victim before the court and on the victim's behalf.

A most common basis for a TBI lawsuit is negligence. In this case, it must first be established that the defendant is under obligation by law—under a “duty of care”—to be diligent and reasonably careful in handling the patient. This requirement applies mostly to medical practitioners handling the patients. Upon establishing this duty, it must then be established that there was a failure on the part of the defendant to exercise such due diligence, which then resulted in the patient’s injuries. These injuries will then be measured in accordance to the stipulated gauges under the law.

Legal Attorney

For all these requisites in establishing diligence or the absence of it, it is highly advisable that claiming parties seek the help of attorneys at the soonest possible time. A traumatic brain injury lawyer in Los Angeles will know what kind of strategy or alternative strategy best fits your circumstance.

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