Traumatic Brain Injury in Santa Cruz – Proving Negligence

by | Dec 28, 2012 | Lawyers

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If you have been unfortunate enough to have been involved in an accident which resulted in a traumatic brain injury in Santa Cruz, you may now be in the process of seeking justice. When you are not to blame for an injury that happened, you will need to gather the appropriate evidence as a way of proving negligence. Even with the help of an experienced attorney it is essential that you are able prove negligence because without this proof, you will not win the case. If you have suffered because of the negligent actions of another party, it is time to take action by understanding how to navigate your way through a claim.

What is Negligence?

From the minute you work with a personal injury lawyer, you will need to prove negligence. A traumatic brain injury in Santa Cruz is a serious issue to deal with and if you find yourself in this situation because someone else did not show enough care and attention, you will be entitled to compensation. Depending on the circumstances of your case, it can be quite difficult to prove negligence but a lawyer can help you do this. If you were injured in a car collision and the other motorist was using a cell phone while driving, you will need to prove this to successfully win a claim.

The Four Elements of Proof

If someone else’s actions have caused you to lose work wages, deal with emotional distress or suffer with a traumatic brain injury in Santa Cruz, you simply must focus on the four elements of proof when visiting an attorney. If the perpetrator was acting with negligence, you should outline the duty, breach of duty, causation and damages. The person who is to blame for the accident should have a ‘Duty of Care’ towards you and if they did not, you must explain why. You should also explain how the defendant breached this duty and what type of problem was caused following the incident. Finally, you need to prove the damages, such as lost wages or the injuries caused to the brain.

Hiring an Attorney

Do you feel confident that the perpetrator was acting in a negligent way? If so, you need to file a claim and hire an attorney to back you up in court. An attorney can help you in many ways such as by providing representation, gathering the essential documents, providing you with advice, etc. It will cost money to get this sort of representation and to avoid wasting money, you need to research for a local attorney who has a good reputation.



At The Mitchell Law Firm, you can find an attorney who can help you to win compensation for a traumatic brain injury in Santa Cruz.



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