A serious condition known as a traumatic brain injury occurs when the brain is traumatized by an external force applied to the brain. This trauma can cause bleeding or bruising in the brain tissue, resulting in permanent damage that impairs one’s ability to function.
There are many difficult things to prove in a typical injury case, but proving that negligence was the cause of an injury can be even more complicated when dealing with brain injuries.
Complications of Proving Negligence in a TBI Claim
1. Having to Prove Evidence of Fault
One complication is proving negligence without evidence of fault. There are no specific standards for negligence or failure to act. From a doctor’s point of view, most likely, they will say that it was not negligence or an error on their part.
2. You Cannot Capture TBI Injuries
Another reason proving Negligence in these cases is so complicated is that TBI injuries often result in symptoms you cannot capture on an MRI or CT scan, yet they’re still just as accurate.
3. Proving Duty
Another complication the plaintiff must overcome is the defendant’s assertion that they were acting within their scope of duty, which typically arises from an emergency.
4. Proving Immediate Risk
The plaintiff must show that there was an immediate risk of harm and that it was reasonably foreseeable. The plaintiff must also prove that the danger existed before the injury caused them harm. Therefore, the claimant must demonstrate that the defendant had a duty to take action and failed to do so immediately before the damage occurred. It is not sufficient that the defendant failed to take action five minutes before or five minutes after the event.
5. Proving that Defendant Did Not Take Action in Good Faith
The claimant must provide evidence that the defendant failed to take action or took action and failed in bad faith. For example, if a family has guests that bring in a dog that bites one of the other guests, there is no duty owed regarding the dog. However, the dog owner has to take action when they learn that there is a risk of injury from their dog.
There are also complications with proving Negligence if your injury happened in another place, such as a grocery store.
How Can Medical Negligence be Proven?
If you’re looking for evidence of Negligence, a medical certificate is your best bet. Even though medical certificates are not precisely legal documents, they can certainly inspire confidence in the court and convince a judge to award you more than what the other person is entitled to by law.
You can seek legal help from brain injury lawyers. TBI cases can use medical evidence to make a stronger case for negligence. It would be best if you didn’t try to handle this matter alone. Losing your memory and coping with other problems from a TBI injury can make certain situations appear negative when there is more than one side to the story.