Proving Liability in a Traumatic Brain Injury Case By Hardin Ramey on March 07, 2023

illustration of someone suffering from a traumatic brain injuryTraumatic brain injuries (TBIs) can have devastating consequences. Individuals who suffer a TBI may suffer long-term or lifelong physical, emotional, and cognitive effects. Additionally, traumatic brain injuries often result in steep financial losses related to medical treatment, rehabilitation, and diminished wage-earning capacity.

When another person or party causes a brain injury, they should be held accountable for resulting losses. Traumatic brain injury lawyer Hardin Ramey works with injury victims from the Dallas, TX, area. He gathers evidence to prove liability in a traumatic brain injury case and pursues appropriate compensation for injury damages.

Establishing a Party Was Negligent

Proving liability in a TBI injury case begins with demonstrating that a person or party was negligent. Negligence can take place in many different forms. Any decision or action that discounts the safety and well-being of other individuals is considered neglect in the eyes of the court. Depending on the type of accident that results in a TBI, examples of neglect may include:

  • Driving while distracted
  • Driving under the influence
  • Reckless driving 
  • Failing to provide safety equipment 
  • Failing to keep up with vehicle maintenance 
  • Failing to maintain safe premises for visitors or patrons
  • Using defective products in the manufacturing process
  • Failing to include adequate warning labels on products

Proving that Negligence Caused a TBI

Beyond demonstrating that a person or party acted negligently, the plaintiff in a TBI case has to prove that the defendant’s negligence caused the accident that resulted in their injuries. In other words, if the defendant had exercised a reasonable degree of care, no accident would have occurred, and the plaintiff would not have sustained injuries. 

Demonstrating Injury Damages 

Proving that a person or party was liable for a TBI is not enough to substantiate a TBI claim. In any TBI case, attorney Ramey must also demonstrate the losses suffered by his Dallas clients. Damages are only awarded in a TBI case when the plaintiff proves they experienced physical, emotional, or financial losses resulting from their injuries. Damages frequently awarded in a TBI case include:

  • Medical expenses
  • Anticipated future medical costs
  • Cost of ongoing therapy or rehabilitation
  • Cost of assistive medical equipment
  • Cost of prescription medication
  • Lost wages
  • Diminished wage-earning capacity
  • Pain and suffering
  • Diminished quality of life

Evidence In TBI Cases

TBI claims have to be proven by a preponderance of the evidence, meaning the evidence shows it is more likely than not that the defendant is liable for the TBI and related losses. Evidence frequently used to prove liability and damages in TBI cases includes:

  • Police and accident reports
  • Photographs or video of the accident or accident scene, including pictures of injuries
  • Witness testimony
  • Expert testimony
  • Medical records
  • Paystubs

Contact Us

Traumatic brain injuries can compromise a person’s physical, emotional, and cognitive functions. These injuries also result in financial losses. TBI victims can hold liable parties accountable for their damages by filing a traumatic brain injury lawsuit. To find out how attorney Hardin Ramey can prove liability in a TBI case, contact us online or call (972) 437-5577 and schedule a consultation at our Dallas law firm.

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