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(770) 889-6010

Elements Of A Brain Injury Lawsuit

Donald Singleton
May 19, 2021

The Centers for Disease Control and Prevention estimates that up to 1.4 million people in the U.S suffer a traumatic brain injury every year, which can be caused by anything from car accidents to sports activities (such as a severe concussion or permanent brain damage). If you suffered an accident where your head was injured, then legally speaking, there may be support available under law!

Elements Of A Brain Injury Lawsuit

Traumatic brain injury lawsuits

It is your right to receive compensation for injuries that are caused by another person’s negligence, which is known as a most common type of tort law. If the dispute you are trying to settle is with an insurance company, having a lawyer on your side will make all of the difference in the world. After all, it’s likely that their defense team will try every trick they can come up with so that they don’t have to pay out any money at all!

Why should you let the defendant’s insurance company get away with not paying your fair share? An experienced brain injury lawyer will fight for what is owed to you and make sure that they don’t take advantage of a vulnerable situation.

The best way never know if you have grounds for a lawsuit until you consult with experienced brain injury attorneys – all of whom offer free consultations before they charge their clients anything upfront or working hard behind desks fighting cases day by day?

The 4 elements of a traumatic brain injury case

  1. Duty of Care – Responsible drivers must always reasonably operate their vehicles to avoid injuring others. You must be able to show that the defendant owed you a duty of care. The duty of care refers to the legal obligation that individuals have in order not to harm others. For instance, drivers are required by law not to operate their vehicles without exercising reasonable caution and prudence at all times.
  2. Breach of Duty – A defendant’s negligence is a major contention in our modern society. When taken to the extreme, negligence can be punishable by fines or jail time for those who fail to act reasonably careful around others and their surroundings.The following example will illustrate this point of view: if somebody fails to obey traffic lights at an intersection, they have breached their burden of care because failing such would endanger themselves and other people present on that street.
  3. Causation – When a person is injured in an accident, they can be eligible for compensation by showing that the injury was due to someone else’s negligence with increased injury severity. This includes injuries such as traumatic brain injuries, spinal cord damage, other organ damages, and more if it could not have been avoided with reasonable medical care on behalf of another party.For example: If you were hit while walking across the street without being careful because somebody did something negligent like running out into traffic when there wasn’t any room or crossing against a lighted crosswalk, then your claim will likely go through successfully since this type of behavior falls under reckless disregard for safety which indicates liability.A good way to avoid getting hurt from accidents caused by others’ negligence is always to make sure you do things safely- whether driving or making other decisions!
  4. Damages – It takes a lot more than an unfortunate incident to really cause serious future damages. Victims of any kind should be cautious about how they proceed with their case and make sure that they are not taking in too much, or else the whole thing could come crashing down like domino pieces.The plaintiff must show that he or she sustained organ damages from whatever it was before filing for court proceedings – including economic losses such as past expenses, heads of damages, and lost wages, as well as non-economic loss such as pain and suffering, emotional distress, etcetera (not just what came out on top). In cases where victims don’t survive incidents at all, there is hope: family members may receive maximum compensation through wrongful death lawsuits if necessary!

How can brain injury lawyers help with your traumatic brain injury claim?

The brain injury attorneys at our firm will answer your call as soon you contact us. If we agree to work together, they’ll launch an extensive investigation of your case immediately to determine who is responsible for the incident that caused this injury and what type of damage it has done. They may also consult with other professionals if necessary because legal cases can get complex quickly!

We will also consult with medical professionals to assess the impact of brain injury on your life expectancy. For instance, we often work with experts who prepare and provide you a detailed description of what type of medication, assistive devices, or home modifications are necessary for someone like yourself to live an independent lifestyle, at least as good if not better than before!

A life care plan may also address the costs of needed in-home personal assistance or nursing care, professional case management assistance, and an eventual move to a nursing home or other assisted living facility. This is just one more reason people should have these plans set up as soon as they can!

A life care plan may also cover medical expenses such as prescriptions for chronic illnesses. These are all things that no person wants to worry about, but it’s better than feeling lost when something happens unexpectedly – which could happen at any time with chronic illness!

When can you claim compensation in a brain injury lawsuit?

It’s frustrating when you have a hard time recovering from an accident. It could be because of someone else taking advantage and being careless, not giving any thought to your well-being or the future implications for their actions. If they are reckless enough that it leads to injury, then there is no way around them having some responsibility in paying up for what happened – but even if this isn’t true and the fault falls on you alone, don’t give up hope. Get all of the information about what legal rights you have to help get you proper compensation!

The value of a personal injury attorney in brain injury lawsuits

The best brain injury lawyers offer more than just representation in your lawsuit. They can assist you by recommending additional resources that may help with medical care, rehabilitation treatment, and emotional well-being – not to mention the case! Brain injury attorneys have experience dealing with various cases, so they know which experts would be helpful for each client, depending on their specific needs.

Keep your brain safe because there may be someone out to get you. A lawyer can help ensure that the people or company who made this happen to compensate you for any damages and losses, which is why a brain injury lawyer will investigate every aspect of how an injury happened to make sure everything gets settled properly. Hence, no one has reason not to do it.

Brain injury attorneys are a rare breed. The cases they work on tend to have higher compensation rates for plaintiffs than most other types of personal injury cases because brain injuries can be the most life-altering type that someone could sustain (even mild ones). It’s not just about physical suffering either; even if you’re lucky enough never to need surgery or prolonged rehabilitation after an accident, having a concussion can lead to lifelong intellectual and emotional problems as well.

Our brain injury lawyers will fight for your financial compensation amounts

You deserve to be compensated for all of the pain and suffering you’ve endured. We’re here to help negotiate a settlement or take your case through trial if necessary so that you can get back on track with your life! We’ll make sure that the compensation includes:

  • Past and future medical expenses
  • Lost wages
  • Caretaking costs – constant nursing care, clinical care, etc.
  • Permanent disability or loss of normal daily life – long-term rehabilitation
  • Cognitive impairments – cognitive-behavioral impairment and motor-balance impairment.


A traumatic brain injury victim who has suffered trauma due to someone else’s negligence is eligible to file a lawsuit. Contact our brain injury attorneys at Singleton Law Firm LLC. today at (770) 889-6010  if you or a loved one has suffered a traumatic brain injury.

Donald Singleton

Donald Singleton


A Georgia native, Don founded Singleton Law Firm in 1999 as a continuation of his lifetime commitment to serving his state and community. He has concentrated his trial practice to representing victims of serious injury and wrongful death arising out of trucking, car, bus and motorcycle accidents, premises liability and a wide variety of other causes.

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