Marciano & MacAvoy, P.C.

Wednesday, August 31, 2016

How Do You Know If You Have A Brain Injury Case?

According to Center for Disease Control and Prevention (CDC), it is estimated that up to 1.4 million U.S citizens suffer from a brain injury every year. Brain injuries can be caused be anything from sports activities to car accidents.

Any head injury like brain damage or a concussion deserves compensation under the law. Most legal brain injury cases are based on negligence. A negligence lawsuit requires that the one suing provides proof that the person or entity they are suing is legally responsible for the damage they suffered.

What Constitutes A Brain Injury Case?

In order to succeed in this kind of lawsuit, you must show all of the following for that case;
  • That you have suffered injuries and losses that are measurable under the law. This is, in other words, objectifying a brain injury. This can be done through tests like MRI and CT scan which produce brain images that prove you have been affected. Providing financial losses that are as a result of the brain damage is also significant since it shows that you have measurable losses according to the law requirements.
  • The one you are suing failed to act with reasonable care towards you. This is the legal liability in other words. For the accident to happen it must have been due to carelessness on the side of the one you are suing. The basic rule here is if two people were involved in an accident, you were the careful one, and the other was the less careful, he/she must pay at least a portion of your suffering. This, however, needs providing evidence.
  • The actions or in-actions of the one you are suing were the cause of your injuries. For example, if you were working in a building that is supposed to be maintained but the owners do not maintain it then the building collapses, then the owners are at fault hence you should provide evidence to prove this.
  • The law requires that the one you are suing is supposed to be reasonably careful. 

Speak With A Pennsylvania Brain Injury Attorney Today

If you believe that you or a loved one suffered a negligent brain injury, you can contact the brain injury attorneys at Marciano Legal today.
We have an office in Philadelphia, PA where we help clients throughout the State of Pennsylvania to file medical malpractice lawsuits.
Call our office today to schedule a free consultation or visit us at our Philadelphia office located at:

Marciano & MacAvoy, P.C.
1515 Market St #1600
Philadelphia, PA 19102

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