A TBI results in myriad losses for the affected individual and their family. This includes medical expenses, lost wages, an inability to care for oneself, pain and suffering, and more. In many cases, it is possible to recover some amount of compensation if you can establish that another’s negligence caused or contributed to your injuries. Negligence can be broken down into four simple parts the plaintiff (person injured) must prove:
The person named in the suit (the defendant) owed you a duty of care.
The defendant breached the duty of care owed to you through an act of negligence.
The breach of the duty of care was the legal cause of your injuries.
Negligence can refer to a wide range of actions or failure to act. For example, if your TBI occurred as the result of a car accident, the other driver may have been negligent if they caused the crash while operating their vehicle unsafely by speeding or drinking and driving. If your TBI was sustained during a slip and fall accident, you might seek to show the site of the injury was unreasonably dangerous, despite the property owner’s duty to maintain a safe premises.
The question of whether you are able to pursue damages will also hinge partially on the ability of responsible parties to pay. For example, if your TBI resulted from a violent attack, you may have a viable claim for intentional tort against the perpetrator. However, unless that individual is independently wealthy, you may have a tough time collecting anything. (This is partly why victims of violence often pursue third-party premises liability claims against property owners, often prevailing on legal theories like negligent security.) This should factor into your decision to pursue a claim.