San Antonio Brain Injury Attorneys

How Fault Is Determined in Brain Injury Cases

Establishing fault is a critical component of any brain injury claim. In Texas, fault is typically determined based on the principle of negligence, which requires proving that another party's actions or inactions directly caused the injury. The process involves several elements:

• Duty of Care: The injured party must show that the at-fault party owed them a duty of care. For example, drivers have a duty to operate their vehicles safely, and property owners must maintain safe premises.
• Breach of Duty: It must be proven that the at-fault party breached this duty through negligent or reckless behavior, such as driving distracted or failing to address known hazards.
• Causation: The breach must be directly linked to the injury. This often requires demonstrating that the negligent act was the proximate cause of the brain injury.
• Damages: Finally, the injured party must provide evidence of damages, such as medical bills, lost wages, and pain and suffering, resulting from the brain injury.

Our experienced San Antonio brain injury attorneys meticulously analyze every case to establish fault, leveraging accident reconstruction experts, witness testimony, and other resources to build a compelling claim.

What Evidence Is Needed for a Brain Injury Claim?

Evidence is crucial in brain injury cases to prove liability, causation, and damages. Key evidence that can strengthen your claim includes:

• Medical Records: Documentation of the injury diagnosis, treatments, and ongoing medical care is essential to establish the extent of the injury.
• Accident Reports: Official reports, such as police or workplace incident records, can verify the details of how the injury occurred.
• Eyewitness Testimony: Statements from those who saw the accident can provide valuable insights into what happened and who may be at fault.
• Expert Opinions: Medical professionals, neurologists, and accident reconstruction experts can provide authoritative evidence supporting your claim.
• Photos or Videos: Visual evidence from the accident scene or surveillance footage can illustrate hazardous conditions or negligent actions.

Our team works with investigators and medical experts to gather and present this evidence effectively in negotiations or court.

Legal Standards for Negligence in Brain Injury Cases

Texas follows the modified comparative negligence rule, which allows injured parties to recover compensation as long as they are less than 51% at fault for the accident. However, their compensation is reduced by their percentage of fault. For instance, if you were 20% at fault, your total recovery would be reduced by 20%.

Our attorneys are skilled at countering allegations of shared fault that insurance companies often raise to minimize payouts. We work to ensure the legal standards for negligence are applied fairly, giving you the best chance at recovering full compensation.

Tips for Keeping Records to Strengthen Your Brain Injury Claim

Proper documentation can make or break your brain injury case. Keeping detailed and organized records not only supports your claim but also counters attempts by insurance companies to downplay the injury. Follow these tips to ensure you’re prepared:

1. Track Medical Treatments: Keep all medical records, including diagnoses, treatment plans, prescriptions, and invoices. Document every visit to doctors, specialists, and therapy sessions.
2. Maintain a Symptom Journal: Record your symptoms daily, noting their severity and how they affect your ability to perform daily activities. Include emotional and cognitive changes, such as memory loss or mood swings.
3. Document Financial Losses: Save pay stubs and employment records to prove lost wages or reduced earning capacity. Include receipts for medical equipment, home modifications, or additional caregiving expenses.
4. Capture Visual Evidence: Take photos of visible injuries and any assistive devices used during recovery. If applicable, capture images of the accident scene or hazardous conditions that contributed to the injury.
5. Save Communication Records: Retain emails and correspondence with your employer, doctors, and insurance companies. Avoid giving recorded statements to insurers without consulting your attorney.

By keeping thorough records, you provide your attorney with the tools needed to build a compelling case and counter insurance companies’ efforts to undervalue your claim.

Contact us online or call (210) 361-2997 today to schedule a consultation with our experienced team of San Antonio brain injury lawyers.

Helpful Resources

• Centers for Disease Control and Prevention (CDC) page offering comprehensive resources and information on traumatic brain injuries, including prevention and treatment.