If you or someone you love has suffered a mild traumatic brain injury due to someone else’s negligence, you have the right to sue them. If your lawsuit is successful, you could recover monetary damages that pay for your medical bills and compensate you for other losses.
The pursuit of a mild traumatic brain injury case can be a complicated and time-consuming affair. The good news is that you can work with experienced legal counsel. A New York brain injury lawyer can advocate for you so that you receive the compensation that you deserve.
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What is a mild traumatic brain injury?
A mild traumatic brain injury—or MTBI—is another term used for a concussion. While these injuries are referred to as “mild,” there is little doubt that concussions can have serious and life-altering consequences.
The symptoms can be debilitating. For many people, they are temporary—for others, they can last for the rest of their lives.
Symptoms can include:
- Balance issues
- Nausea and vomiting
- Light sensitivity
- Mood changes
- Difficulty concentrating
It is also worth noting that many people who have suffered a concussion do not experience symptoms right away. Delayed symptoms are common among MTBIs. They might not become evident for weeks or even months after the injury occurs.
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Parties to an MTBI lawsuit
There could be several liable parties for your concussion injury lawsuit. Every person or entity whose negligence led to your MTBI could be responsible for any damages you receive.
Sometimes these injuries occur based on the negligence of one person. In other cases, an MTBI will result from the actions of a group of individuals. You have the right to pursue a case against everyone that carelessly or recklessly caused your injury.
To recover compensation from each of these parties, you must establish that all of them were negligent. There are four elements of negligence, and the failure to establish even one element could result in losing out on the compensation you are seeking. These elements include duty, breach, causation, and damages.
- Duty. There must be a duty of care between the plaintiff and defendant for an MTBI lawsuit to be successful. A defendant could owe the plaintiff a duty for many reasons. For example, doctors owe their patients a duty to do no harm during their treatment.
- Breach. The next step in the process is to prove the defendant breached the duty of care owed to the plaintiff. A breach occurs any time a defendant’s careless, reckless, or intentional actions injure another person. For example, a driver who is intoxicated.
- Causation. Third, there is a required link between the injuries of the plaintiff and the breached duty of the defendant.
- Damages. The final element of negligence is damages. The damages in your case could include pain and suffering, medical bills, or lost wages.
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If you live with the consequences of a mild traumatic brain injury through no fault of your own, you could be entitled to pursue a civil lawsuit against the parties that caused it. An attorney can help you secure the compensation you deserve following these injuries.
Before you initiate a concussion lawsuit on your own, speak with experienced legal counsel. A skilled concussion lawyer from Friedman, Levy, Goldfarb & Green, P.C. is available to speak with you. Call now for a free consultation.