A traumatic brain injury (TBI) can have a significantly negative impact on a person’s mental and physical health. Many times people require long-term or intensive care to function with some semblance of normalcy in their lives. Getting money for this care from the person or company responsible for the injury may be challenging however. That’s why it’s important to speak to a brain injury attorney in Vermont about the best legal claim to use to obtain compensation for damages.
Negligence Tort
Possibly the most common legal claim used in brain injury cases is the negligence tort. This tort states that people have a duty to prevent injury to others. When their action or inaction causes other people to be hurt in some way, they are required to compensate the injured parties for any damages or losses they sustain.
There are several components to a negligence claim that must be proven to prevail in court:
* The defendant had a duty of care to the injured party
* The defendant breached his or her duty of care
* The plaintiff was injured as a result of this breach
* The plaintiff sustained compensable damages
For instance, if a person runs a red light and hits a car and causes the driver to sustain a bad head injury, the person would be responsible for paying the injured party’s medical bills, lost wages, and other damages the victim may incur as a result of the injury.
Product Liability
Brain injuries can also be caused by the products people use. For instance, a person eats a food that was contaminated with bacteria. The bacteria caused the person to fall ill and suffer brain damage. The company or person who made the food, and possibly even the party that sold it, could be held liable for the injury if the individual or company didn’t take proper precautions to ensure the food was safe to eat.
There are a few different types of product liability claims that can be used depending on the circumstances of the case. It’s best to consult with a brain injury attorney in Vermont to determine the best one for the case. For more information about suing for a brain injury, visit domain URL.
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