To recover damages in a traumatic brain injury or any other personal injury case, your attorney must prove the other party was negligent. A person is negligent when they fail to act how a reasonably careful person would in a similar situation. There are four key elements in determining negligence:
Duty - The defendant had a duty to act or not act in such a way as to prevent harm or injury.
Breach of duty - The defendant’s actions failed to meet the accepted standard of care.
Causation – The defendant’s breach of duty caused your injury.
Damages – You suffered losses as a result of your injury