Every year, there is an estimated 1.2 million people in Canada alone that suffer from some type of brain injury. Brain injuries can sometimes be caused by a vehicle accident or a sport accident. If you or someone you love has been injured by trauma to the head, such as a severe concussion, then you may be able to claim compensation while you take care of him or her.
Find Expert Legal Help
If the injury that you or someone you love has suffered is because of the negligence of others or because of faulty equipment, you will want to file a lawsuit. Lawsuits are not just for gaining compensation; they are also there to spread awareness, especially if the concussion or brain injury was due to faulty equipment, such as helmets.
In order to file a claim, you will first need to contact a personal injury lawyer who specializes in this field. Brain injury cases can be very complex and you want to make sure that you have someone on your side representing you, with knowledge and respect.
Know the Legal Basis of Your Case
It is important that you do a little research on your own to determine what you are in for and what you can expect from your lawsuit. Many brain injury lawsuits are based on some form of negligence. When negligence is mentioned, the defendant is going to be on trial to prove that they are innocent or in some cases guilty of negligence.
In a legal case of negligence, a plaintiff can demonstrate that:
#1: The law required that the defendant be reasonably careful
#2: The defendant failed to be reasonably careful
#3: The plaintiff’s injuries were the result of the defendant’s action
#4: The plaintiff did suffer injuries or some type of loss due to the defendant
The complication in this case is providing enough proof that the brain injured occurred and then linking it back to the defendant’s conduct, for example the defendant was driving badly. This is not always easy to do. You will need to have enough evidence gathered up in order to prove your case. There are some cases where the brain injury is due to the failure of some equipment. If you think that this may be the reason why the accident occurred, then the company that made the product and the company that sold you the product may be liable for the brain injury.
Gather Evidence about the Accident and Your Injuries
Once you file your personal injury claim, you will want to hire an injury lawyer in Medicine Hat to represent you. Once you hire a lawyer that you feel confident with, your first task will be to find enough evidence that will back up your theory.