To get the compensation you need to treat your brain injury and cover your other accident-related expenses, you’ll have to prove that another party caused the incident. A Viles & Beckman attorney can work with investigators to collect the evidence you need to prove negligence in a brain injury case.
In the legal world, negligence refers to an individual’s failure to use a level of care that a reasonably careful person would use in a given situation. Whether you were injured in a car crash, slip and fall, or another accident, hiring a lawyer will give you the best chance to prove negligence.
Evidence of Negligence in a Brain Injury Case
Your attorney can use several different documents and testimonies to prove that another party caused your accident. They’ll have what they need to build a strong insurance claim or lawsuit on your behalf if they’re able to collect the following pieces of evidence:
- Police report
- Accident report
- Witness testimony
- Photos of the accident scene
- Footage of the accident
- Testimony from an accident reconstruction expert
A Viles & Beckman lawyer can use the evidence listed above to prove that the incident occurred and that another person caused it, but that won’t be enough to get you the compensation you’re owed. To secure your settlement, your attorney must also prove that the accident caused you to suffer injury and financial loss.
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Evidence That Proves You Sustained a Brain Injury
Once your lawyer has found the evidence they need to prove negligence in your brain injury case, they still have to show that the at-fault party’s negligence caused you harm and monetary loss.
Since brain injuries aren’t immediately apparent, your attorney will have to provide insurers with convincing medical evidence. They’ll gather the following pieces of evidence and compile them into an insurance claim or lawsuit:
- A record of your brain injury diagnosis from a doctor or neurologist
- Documentation that shows your MRI or CT scan
- Testimony from a doctor, neurologist, or neuropsychologist
Evidence That Shows You Suffered Financial Loss
Once your attorney has used the records mentioned above to prove that the accident caused you to suffer a brain injury, there’s only one step left. Next, they’ll need evidence that shows the financial losses you’ve taken on as a result of the incident and your injuries. Your lawyer can use the following evidence to show that you’ve taken on concrete monetary losses:
- Medical bills
- Vehicle repair bills
- Property damage bills
- Pay stubs
- Bank statements
Your attorney can use these bills and documents to prove to insurers that the accident and your brain injury have caused you to suffer financial losses. This is an essential part of the claims process, as insurance providers require proof of financial loss before they’re able to reimburse claimants.
Securing Compensation for Future Losses
It’s common for brain injury victims to experience financial losses related to their condition for years after their initial accident. To get you the compensation you’ll need later in life, your attorney must present the following pieces of evidence to the insurance company:
Testimony From a Vocational Expert
A vocational expert can help you and your attorney determine how your brain injury might affect your employability in the future. If your condition is expected to prevent you from earning a certain amount of money, your lawyer can use the vocational expert’s testimony to secure compensation for reduced earning ability.
Testimony From a Medical Expert
A medical expert can predict how much compensation you’ll need to pay for future medical treatment, testing, and medications for your condition. Your lawyer can use their testimony to show insurers that you need a settlement large enough to cover your future medical expenses.
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How You Can Help Your Attorney Collect Evidence
If you’ve suffered a brain injury in a car accident or another type of incident, you should call 911 and wait for the ambulance to arrive. However, if your injuries aren’t too severe and you aren’t in a great deal of pain, there are a few things you can do to help your attorney prove negligence.
If you were involved in an auto collision, the first thing you should do is report the incident to the police. Once you’ve notified law enforcement, you should exchange insurance and contact information with the other driver. Next, you should take photos of the accident scene, vehicle damage, and any visible injuries.
Finally, you’ll want to speak with witnesses and take down their information. The contact information, photos, and testimonies you collect at the accident scene can make a world of difference in your case. Your attorney can use the evidence you’ve collected to support your brain injury claim and hopefully prove negligence.
Compensation You Could Receive From a Successful Brain Injury Claim
If your attorney can collect the evidence they need to prove negligence and convince insurers that you deserve a fair settlement, you could receive a number of helpful damages. Depending on your situation, you could be awarded compensation for the following:
- Current and future medical bills
- Lost wages
- Decreased earning ability
- Vehicle repair costs
- Pain and suffering
- Mental distress
- Diminished quality of life
Contact a Brain Injury Attorney Today
Finding the evidence you need to prove negligence in a brain injury case without the help of a lawyer can be extremely difficult. To ensure your claim is successful, you’ll want to work with an experienced brain injury attorney. A lawyer will have access to investigators and other resources that can make the investigation process simple.
Contact a personal injury attorney at Viles & Beckman today to find out if you’re eligible to pursue an insurance claim or civil suit. If a lawyer from our firm agrees to help you, they’ll work hard to get the compensation you need to cover your expensive medical bills and replace all your lost income.