How Do I Prove a Brain Damage Claim for Compensation?

To win a brain damage case, our medical malpractice attorney will prove that your injury is a consequence of hospital malpractice. Our attorney will prove that your injury did not exist before the incident, that the medical care provider had a duty to care for you, that the doctor failed to meet that standard, and that the failure caused the injury.

In a brain damage case, the before-and-after evidence is used to prove the damages but, more important, to prove the injury itself. The lawyer's mission is to show the elements of the damages by demonstrating the changes in the quality of your life since the injury.

When you file a claim, you have to name a defendant. It’s not enough to say that you have been injured and someone at the hospital was responsible. You may have received care from a number of doctors, nurses, and other staff. Any of those individuals could have caused your injury. In some cases, the hospital or clinic may be at fault for having bad equipment, for failing to manage your case appropriately, or for hiring someone who wasn’t qualified to treat you.

In other claims, a combination of institutions or individuals is to blame. You may have to name multiple defendants. In most cases, individuals may have made the mistakes that harmed you, but the institutions that hired them are responsible for their actions. In Miami, Florida, the hospital is liable for the actions of its employees while they’re working. Some doctors are independent contractors, not employees, in that case, you’ll need to show that the hospital either knew or should have known that the doctor was prone to medical negligence in order to include the hospital in the case.

There’s a benefit to including the hospital or clinic in your case: they have much more substantial insurance coverage than individual care providers and can afford to pay out much more in compensation for your injuries.

To successfully obtain compensation for the brain damage you have sustained, our lawyer will prove the following:

  • An injury occurred
  • The medical care provider had a duty to care for you
  • The doctor failed to meet that standard
  • The failure caused the injury

The evidence in a brain damage case may come in the form of medical records, testimony by witnesses and experts, and more. Because multiple issues can be at the root of most brain injuries, the evidence is rarely a smoking gun.

Brain damage cases require a lot of technical evidence. It takes test results, x-rays, MRI scans, and more. It takes experts to explain the evidence and to discuss what your doctor should have done. When you decide to file brain damage claim, you don’t have to come up with all of that evidence. You can just bring the medical records you have, and our attorney will take care of the rest.

Using legal tools, for example, subpoenas, our attorney can gather the information necessary to prove your case. That may include the hospital’s internal records, test results, testimony from experts, and more. You won’t have to call the hospital to gather the proof you need.

Thinking of filing a brain damage claim? What you need to do next

If you’re considering a brain damage case, you should gather up your medical records. You should also keep notes on any doctor’s appointments, follow-ups, medications, therapy, and other care you need. Keep records of any communication you have had with your doctor or the hospital. Contact Miami based The Law Offices of Sean M. Cleary by calling 305.416.9805 and take all of that to your free case evaluation. We can get the rest of the information necessary for your case.

We offer a free consultation so you can ask about your case without spending any money. You can find out about the strength of your case, how long the case will take, how much compensation you can expect to win, and any other questions you may have. We take brain damage cases on a contingent-fee basis, so we only get paid if you win.

For questions and free legal advice to help individuals please call us

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.