A sudden jolt or impact to the head can cause a traumatic brain injury (TBI) that can change your life forever. Symptoms might start out subtle, or they may worsen over time, making recovery unpredictable. When someone’s irresponsible actions cause a TBI, it makes an already tragic situation so much more difficult.
At Stritmatter Kessler Koehler Moore, our Seattle personal injury lawyers have seen these devastating injuries time and time again. Proving fault depends on the details of the incident and understanding negligence. Once you know your rights, you can hold the careless party responsible.
TBIs can happen in many situations, including car accidents, falls, workplace injuries, medical mistakes, and even physical assaults. Of course, some accidents are unavoidable, but sadly, many happen because someone was irresponsible.
Understanding Negligence in a TBI Case
Negligence means that someone didn’t act responsibly, and as a result, someone else got hurt. In a TBI case, proving negligence means showing four key elements:
- Duty of Care – The person or entity had an obligation to act with caution.
- Breach of Duty – They did not meet that obligation, perhaps by ignoring safety measures.
- Causation – Their actions (or lack thereof) directly caused the injury.
- Damages – The injured person suffered setbacks – whether financial, emotional, or physical – because of that injury.
Personal injury lawyers work to show how all parts of negligence apply, giving you a clear picture of why another party should be held liable (at fault).
Who Can Be Held Liable for a TBI?
Who’s liable for a traumatic brain injury depends on how it happened. Sometimes, one person’s reckless actions cause an accident. Other times, a company or property owner fails to take proper precautions.
Some of the parties that could be liable in a TBI claim include:
- Negligent Drivers – Speeding, texting, or driving under the influence can cause crashes that lead to TBIs.
- Property Owners – Failing to fix hazards can make them liable for slip and fall injuries.
- Employers – Unsafe workplaces or inadequate equipment can result in head injuries.
- Manufacturers – Defective products or safety gear can cause severe brain trauma.
- Medical Professionals – Errors during treatment or surgery can lead to brain damage.
Sometimes, more than one party shares responsibility, which can give you more opportunities to seek financial support for your recovery.
How to Prove Liability in a TBI Claim
Proving liability in a TBI case isn’t always an easy task. Insurance companies and at-fault parties often try to shift blame. Gathering as much evidence as possible is the priority when proving what actually happened.
Strong evidence in these cases includes police reports, medical records, witness statements, and surveillance footage, if available. These details help prove what happened and who is responsible.
Personal injury attorneys will find every piece of evidence possible and organize the details. Then, they’ll find proof that shows the link between the accident and the responsible person or entity’s actions.
Why Legal Support Matters in a TBI Case
Figuring out who’s responsible for a traumatic brain injury is tough, especially when insurance companies try to downplay what happened. We won’t let them get away with that. At Stritmatter Kessler Koehler Moore, we know their tactics and how to push back.
As a nationally recognized firm, we’ve built a reputation for winning tough cases and standing up to powerful defendants. No corporation, insurance company, or government entity intimidates us. If someone else caused this injury, we’ll fight to help you get justice and accountability.
Let Us Hold the Right Parties Accountable for Your TBI
If you’re unsure who may be responsible for a TBI, let us help. At Stritmatter Kessler Koehler Moore, we believe every survivor deserves answers and support. Our team is here to listen, guide you through your options, and fight for the justice you deserve. Call us today to discuss your situation – we’re eager to hear your story and help you understand your rights.
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