If you have suffered a severe head injury as a result of negligence, a product failure or even an intentional act by another person there are far more things to be concerned with than just your financial position. Suffering a brain injury can change your life completely; you can go from being a viable, productive individual one moment to a person that is totally incapacitated the next. Depending on the circumstances there is a very good chance that you can hire a Chicago brain injury lawyer and file a claim for compensation.
The key is the cause of the injury:
There are a number of circumstances that can lead to a brain injury; it may be the result of using a faulty product, it could be that you were injured in an accident caused by negligence or it could be something that was caused by a medical practitioner. Each type of case will be treated differently, even though they all fall under tort law. The first thing that you must do is consult with a knowledgeable Chicago brain injury lawyer, a lawyer that knows how to deal with complex and challenging legal and medical issues.
The legal theory of your specific case:
With the complexities of a brain injury case it is necessary to understand under which legal theory your lawyer will base the suit.
Most brain injury cases are based on a negligent action committed by another party. The injured party; you, must be in a position to prove that it was a negligent act committed by the defendant that caused the injury and as a result must be held responsible. For a lawsuit based on negligence to succeed in court, certain things must be shown:
* The person that caused the injury owed the injured party a “duty of care.”
* Duty of care was not shown
* The brain injury was caused by the defendants actions or lack of action, and
* The injury and subsequent losses are measurable
Brain injury cases are usually extremely complex and often do not manifest themselves as do other physical injuries. It will be necessary to hire an extremely skilled lawyer to pursue a case of this nature.
Severe head injury cases are extremely complicated and as such it is extremely important to hire a skilled Chicago brain injury lawyer. You are welcome to discuss your case with the Shea Law Group. Like us on our Google+ page.
