Traumatic brain injuries (TBIs) can range from concussions to major cranial bleeds. Because of the lasting impact that head trauma can have, an individual who sustains a TBI has the right to seek compensation if their injury occurred because of another person’s negligent actions.
If you suffered head trauma in a serious accident, you may benefit from the advice and counsel of a Pueblo traumatic brain injury lawyer. A skilled catastrophic injury attorney could handle the legal complexities of your claim while you focus on your recovery.
While some traumatic brain injuries happen because of intentional, violent acts, others occur completely on accident. In these situations, a claimant must prove that a defendant was negligent, and these actions were the direct cause of their head trauma.
To establish that a defendant acted negligently in a TBI case, an experienced attorney in Pueblo would have to prove four factors by a preponderance of the evidence. This means that the standard of proof requires only that a plaintiff shows that it was more likely than not that the defendant is liable for their injuries. A claimant must demonstrate that:
In a traumatic brain injury case based on negligence, the plaintiff would first have to prove that the defendant owed them a duty of care. Citizens owe one another a duty to act with reasonable care under the circumstances and to prevent unreasonable risk of harm to one another. A defendant is in breach when they fail to act reasonably under the circumstances.
For example, if a defendant is swinging a hammer around carelessly and accidentally hits someone, causing them to suffer brain trauma, they could be liable for negligence. It is important to note that this person would only be liable if there were no other factors that superseded the defendant’s conduct that caused the plaintiff’s injuries.
One of the first steps in the process of filing a personal injury case is determining the statute of limitations. The statute of limitations is a deadline set by law for every cause of action. If a claimant does not file their lawsuit by the statutory deadline, the plaintiff loses the right to sue the defendant.
According to Colorado Revised Statutes §13-80-102(1)(a), plaintiffs suing for traumatic brain injuries caused by torts generally have two years from the date of the injury to file their case, with some notable exceptions. A Pueblo traumatic brain injury lawyer could help a claimant file their case before all legal deadlines.
Suffering through a traumatic brain injury can be a challenging ordeal. The physical strength and mental toughness required to persevere through such an injury are difficult to maintain.
A Pueblo traumatic brain injury lawyer could help you through this process so you do not have to struggle on your own. For more information about how an attorney could help your case, call today.