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How do I File a Brain Injury Claim?

By M. Lupica
Updated May 17, 2024
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In the event that you have been subjected to a head injury due to negligence, a faulty product, or the intentional act of another, there are a lot of concerns that go beyond your financial well being. Suffering a brain injury can be life changing, and a serious brain injury can be completely incapacitating. While fighting back from such an injury can be draining, you should know and exercise your rights under the law. There is a good chance that you are entitled to financial restitution and the first step is filing a brain injury claim.

The nature of a brain injury claim depends first and foremost on the cause of the injury. If it was a product that caused the injury, the circumstances may dictate what is called a “strict liability” claim, which means that you are entitled to compensation without regard to proof of fault on the part of the producer of the product. Strict liability arises in cases where an inherent defect of a product makes it unsafe for use by a consumer even when the product is used as intended. As long as you show that you used the product in a reasonably foreseeable manner and were still harmed, then you will be entitled to compensation.

If the cause of your harm came from the negligent or intentional actions of another person, then your brain injury claim will be a bit different. In the event that you are harmed by someone else’s negligence, you will have to show how that person acted without regard to others’ safety and connect that to the damage done. For example, if your injury stemmed from a car accident, if the other driver was traveling at unreasonable speeds, it could go a long way in establishing negligence for the purposes of your brain injury claim.

If the cause of harm is the intentional actions of another person, proving their liability is simple. You just have to show how he or she acted intentionally and how that act caused your injury in order to establish a brain injury claim. Your attacker may also face criminal charges for the harm they caused you.

The important thing to keep in mind from step one in the process of establishing your brain injury claim is to document everything. Keep track of medical expenses, lost wages, and any reduction on the enjoyment of your life. By presenting to your attorney an enumerated list of problems you have faced due to the injury, he or she will be able to effectively build the case behind your brain injury claim.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
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