Auto accidents occur on a daily basis, and many times they result in brain injury, ranging from minor to permanent damage. If you or a loved one suffers from brain injuries or impairment due to an accident that was not your fault, you may qualify for an auto accident claim.
Brain injury cases are taken very seriously, and claimants must execute them properly in order for the courts to validate them, or for the other party's insurer to offer a reasonable settlement. There are a few key factors to know about that may help in building a strong personal injury case for your brain injury.
Burden of proof
As the injured party, you hold the burden of proof, meaning that you must show that the other party was negligent. According to Georgia code 51-1-2, ordinary negligence occurs when an individual does not utilize the same amount of care in a situation that a prudent individual would.
The opposing party's insurer will most likely scrutinize the existence or extent of a brain injury due to the accident. Therefore, it may be imperative for you to seek medical attention after an incident. If your doctor does not offer x-rays or other imaging processes, you may request them.
The insurance adjuster of the at-fault party reviews the case, and may try to place fault on you with the goal of decreasing the award amount. The best way to avoid such instances is to gather as much documentation and evidence as possible to support your case. This includes pictures from the scene, eyewitness testimonies, medical records, and anything else that will help to show that the other driver's actions were the cause of the damages.
These are a few of the key factors to consider for proving a brain injury case. A knowledgeable attorney may be very helpful in properly formulating a case.