Head Injuries occur in a number of personal injury situations, including motorcycle accidents, bumps or jolts sustained by children or during sports activities. Head injuries can lead to a number of complications, such as traumatic brain injury, or TBI.
Personal injury cases involving head injuries require that the plaintiff prove the defendant was the cause of the incident leading up to the injury and that she has suffered damages that deserve compensation. The compensation portion of a case can get complicated, depending on the severity of the injury. Some of the most important elements of cases involving head injuries include the following:
Breach of Duty: The plaintiff must prove the defendant had a duty, under law, to protect him from sustaining a head injury. If the head injury was sustained in a public place, chances are a judge will find the defendant had a duty of protection. The plaintiff will then need to prove the defendant breached that duty, either through reckless behavior or something similar, and was the direct cause of the incident.
Proximate cause: The plaintiff must also prove that the defendant could have foreseen the injury based on the defendant’s action, or inaction. For example, a plaintiff who sustains a head injury due to falling from a motorcycle in a car accident is likely to prove proximate cause if the defendant was driving under the influence. Conversely, if the plaintiff was knocked from a motorcycle while trespassing in front of the defendant’s driveway, proximate cause may be more difficult to prove.
Compensation: The extent of the head injury has some bearing on the extent of damages received by the plaintiff. Head injuries that lead to limited functioning, loss of income and substantial medical bills will yield a larger award. In addition, spouses who can prove the injury has caused a loss of love, compassion and/or support can also seek compensation.
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