Understanding Who is At Fault for Your Brain Injury

by | Feb 15, 2023 | Brain Injury | 0 comments

When it comes to proving who is at fault for your brain injury, proving negligence can often be a complicated issue and requires gathering as much documentation as possible about your accident and your injuries. It’s important to note that brain injuries can happen in lots of strange ways, slip and falls on someone else’s property, equipment breaking down, things falling on your head, misuse of heavy equipment, car accidents, sink hole accidents and so many other ways too. 


As your personal injury attorneys we are here to help you hold the right parties accountable for your injuries, understanding who is responsible for your brain injury isn’t always easy, but we’re here to help. Here are the ways you (and your personal injury attorney) can help determine who is at fault for your injuries. 


Who Can Be Held Liable for My Brain Injury? 


Every brain injury case is unique and determining who is at fault is situational and dependent on documentation and proof. However, there are several parties that could potentially be held liable in a brain injury case including, but not limited to: 


  • Public Drivers (Bus, Truck, Taxi) and Their Companies 
  • Airplane Operators, Airline Companies
  • Public and Private Landowners (Including Landlords, and Homeowners
  • Business Owners (Hotels, Offices, Construction Sites, Any Business That You Could Get a Brain Injury At) 
  • Product Manufacturers (Such as Cars, Motorcycles, Helmets, Drugs, etc)


Proving your traumatic brain injury was the cause of negligence means collecting evidence that helps prove a specific party is responsible for your brain injury. This means collecting and documenting evidence of the conditions of the area leading up to the accident, the accident itself, and everything that happened following the accident. 


Be sure to document: 


  • The Scene of Accident. A private investigation into the condition(s) of the area of the scene of the accident may be conducted by your personal injury attorney. 
  • Was the area safe or purposefully neglected?
  • Could the accident have been prevented?
  • Has anyone been injured at the scene of this accident before?
  • Gather Police Reports: A copy of the police report, including any eyewitness statements, will be requested and used as part of the case.
  • Was it Defective Product Liability. When an injury is due to a defective product, an investigation into the company, history of the product and side effects can be examined.


No Matter How Mild Your Concussion or Brain Injury is Seek Medical Treatment Immediately 


Every brain injury is unique, even if it’s a “mild” concussion it can have serious effects. Seeking medical treatment and getting your injury reviewed by a medical professional is vital for your health and well-being moving forward. Yes, this can help with your claim, but more importantly, it makes sure that you get the medical care you need. 


Brain injuries are very hard to diagnose without proper medical treatment. With recent technological advancements diagnosing the severity of a concussion is getting easier, at least to see if there are brain bleeds, which can be detrimental, without proper imaging and evaluation you cannot know if your brain is ok if it looks perfectly “fine” on the outside.  

How Does a Personal Injury Attorney Help Your Case? 


As with any type of negligence case, the first step you should take is hiring a personal injury attorney. They have expert knowledge regarding these types of cases and will help ensure you are fairly compensated for your injuries. 


Insurance companies will always try to pay out the least amount of money to a defendant possible. It is recommended that you never speak to an insurance company about your injuries or accident before you have consulted with an attorney. 


A personal injury attorney can help you determine the facts of your case, ensure your rights are protected and fight for just compensation. They are familiar with all the steps that need to be taken and will assist in gathering all the documentation required for proving your personal negligence case. 


If you or someone you know were in an accident resulting in brain injury, you are not alone. Contact us today for your FREE consultation with one of Utah’s best personal injury attorneys. We will gather the evidence needed to help you with your claim, while you focus on healing and getting back to living your life. 


Disclaimer: This article is intended for informational purposes only and does not extend to medical or legal advice. If you feel you have suffered a traumatic brain injury (TBI) consult a medical professional right away. If diagnosed with a TBI, consult a personal injury attorney to see what your legal options are. 


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