How to Sue Someone for a Brain Injury

How to Sue Someone for a Brain Injury

Despite what some may believe, car accidents are not the only time you can sue someone for a brain injury. You may also be able to file a lawsuit for compensation if your brain injury was caused by any other form of negligence. This could mean workplace accidents, slip and falls, defective products, and more. To start working on your personal injury lawsuit, talk to a Jackson brain injury lawyer about what steps this requires.

When to Sue Someone for a Brain Injury

The first few steps for knowing when to sue someone for a brain injury are knowing you have a brain injury and the cause. When it comes to traumatic brain injuries, they can range from mild to severe. Some brain injuries heal on their own with proper rest, like concussions, for example. Others require emergency medical care.

Look for symptoms of a brain injury and see your doctor if you experience any of them:

  • Loss of consciousness
  • Severe headaches
  • Seizures
  • Dilated pupils
  • Dizziness, confusion, or fatigue
  • Nausea and vomiting
  • Light sensitivity
  • Slurred speech
  • Blurry vision

By going to your doctor, you are building medical evidence for your lawsuit. Without sufficient medical records to back your claim, the judge is more likely to dismiss your case. In a personal injury lawsuit, evidence is everything and witness testimony may not always be enough.

How to Sue Someone for a Brain Injury

Knowing when to sue someone means knowing if they acted negligently. Negligence means someone acted carelessly or recklessly and this caused your injury. If the cause was foreseeable and the person failed to act, this could also count as negligence. Common examples of negligence include:

  • Failing to warn co-workers of hazards
  • Dropping a heavy object on someone
  • Not putting up wet floor signs
  • Selling products that are defective and cause injuries
  • Breaking traffic laws and causing a car accident

How to File a Personal Injury Lawsuit

The steps for filing a personal injury lawsuit include meeting four main criteria. These criteria include proving duty of care, breach of duty, causation, and damages. Your damages are any medical bills and other losses you suffered from your brain injury. Prove these with:

  • Medical records
  • Copies of your paystubs
  • Witness testimony

Proving duty of care and a breach of duty depends on the cause of your brain injury. Consider contacting a Jackson brain injury lawyer to learn more about what this involves. A lawyer can also make proving causation for you easier because your lawyer will know ways to do this.

Causation is vital for your lawsuit to work. The evidence needed for this varies widely depending on the cause, circumstances, and who you are suing. Talk with a lawyer about what this means for your unique situation.

Brain Injury Lawyer in Jackson

Living with permanent changes caused by a brain injury can be life-changing. Contact the Germany Law Firm, PLLC today at (607) 487-0555 to speak with a Mississippi personal injury attorney for a consultation. Our team of lawyers might be able to help you obtain significant compensation for your medical costs, emotional distress, and lost income. We serve clients in Jackson, Madison, Gulfport, Oxford, and other cities in Mississippi.