To recover monetary damages for a head and brain injury, the accident victim, not the at-fault party, has the legal burden of proof in the case. The individual or entity who caused the subject accident does not need to prove anything or satisfy any legal burden in the case. Instead, the sole legal burden of proof for recovering monetary damages rests with the accident victim.
First, the accident victim must show that the other party owed them a legal duty they subsequently violated. For example, if the head injury victim suffered their injury in a car crash, they must demonstrate that another driver violated their duty of care by breaking a traffic law or otherwise acting unreasonably under the circumstances.
Similarly, in the context of a premises accident, the premises visitor must establish that the property owner was aware of the hazard or defect yet failed to take prompt remedial measures to correct the situation.