Experts Speak

What elements are needed to prove negligence with a brain injury?

Traumatic brain injuries can result in long-term complications dangerous and are potentially fatal. Heavy blows to the head are a common cause of these injuries, but they can also be caused by a piercing projectile. The main types of brain injuries that can happen include contusions, concussions, and penetrating wounds. According to lawyer John Hipskind, if your brain injury was due to another’s negligence, you may be owed compensation for your damages. To understand how this works, you can speak to a brain injury attorney to find out who can be held liable. 

How Does An Attorney Prove That The Other Party Is Negligent?

Attorneys typically prove that the other party has acted negligently by applying these four basic tenets:

Duty Of Care

People that you encounter through normal activities should be reasonable in their actions. For example, when driving, you should expect other drivers to follow traffic laws and drive carefully. If you experienced medical malpractice, the duty of care refers to the doctor’s obligation to provide professional and quality healthcare services. 

Breach Of Duty

When an individual falls below normal standards of care and acts recklessly, this is a breach of duty. For example, a premises owner may have left their property full of debris, causing you to trip and fall over. 


The actions of the other party have to cause your personal injury directly. This means that it can be proven that their careless actions caused you to get hurt. 


Through negligence, you should have experienced some kind of harm resulting in damages. If there were no damages, then you have no case. 

What Kind Of Personal Injuries Commonly Result In Brain Injury?

Many types of accidents can result in a brain injury, including the following:

Auto Vehicle Crashes

High-impact car crashes can cause a traumatic brain injury. Your head can hit the steering wheel, dashboard, or window. A motorcyclist who doesn’t wear a helmet can be launched off their bike and hit their head on the asphalt. 

Slip and Fall Accidents

When on premises that aren’t properly maintained, it is easy to trip and bump your head. Slippery surfaces that don’t have grips installed, potholes, ripped carpeting, and broken staircases can cause a bad slip and fall accident. 

Dog Bite Attacks

Dogs can also knock over their victims, resulting in the victim falling and injuring themself.

Medical Malpractice

Another way to suffer a brain injury is because of mistakes made by doctors and surgeons. Patients can get a brain injury from an improperly performed surgery or an incorrect surgery.. 

Evidence Is Important 

In order to prove that the other party was negligent, you will need strong evidence to support your claim. In addition to pictures of how the accident was caused or other clues that show who is at fault, your medical bills will also be important. All of your receipts for your damages will provide physical evidence of how extensive your brain injury was. Your personal injury attorney will initiate an investigation to help prove your case.

Learn More About the Necessary Elements

In addition to photographs, bills, and witnesses, your attorney may use surveillance cameras and other evidence. You can learn more by speaking to a reputable law firm. 

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