Creating a strong brain injury case

Accidents happen on a daily basis, and many of them lead to serious injury. In the case that you think you may have brain injury, it may be possible to seek compensation through a personal injury claim.

In order to argue a claim successfully, you must understand the process. There are a few key aspects that help in creating a strong brain injury case.

Medical treatment

It is imperative to seek medical attention after any accident. Along with general health concerns, in a personal injury claim, proper medical records help to create a paper trail and validate the claim. On the other hand, if you do not seek medical treatment after an accident, the defendant may claim that the injury is not severe or is nonexistent.

Evidence

After an accident, you should try to collect as much evidence as possible from the scene of the crime. It is a general rule that all parties involved in an accident should exchange information. If there are any witnesses, you should obtain their contact information as well. If possible, additional evidence, such as pictures and police reports, may also be very beneficial.

Proving negligence

You must show that the other party's negligence resulted in the accident. In short, negligence occurs when individuals do not honor their duty of care. Depending upon the situation, individuals have a certain level of care that they should aspire to. This level is usually determined by comparing the individual's actions to how a prudent individual would act in the same situation. If a party's actions are contrary to that of a prudent individual, in the eyes of the court they are negligent.

These are a few of the main factors to consider and implement in a brain injury case. If you have additional questions, consult with a knowledgeable attorney, so that you may gain clarity on the process and determine your best course of action.

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David G. Smith, Attorney At Law
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Penthouse 1
Oakland, CA 94612

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