How to Win a Traumatic Brain Injury Case?

To win a traumatic brain injury case, our medical malpractice attorney will attest 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 injury case, the before-and-after evidence is used to prove the damages but, more important, to attest the injury itself. The lawyer's mission is to show the elements of 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 is not enough to say that you have been injured and someone at the hospital was responsible. You may have received care from several doctors, nurses, and other staff. Any of those individuals could have caused your injury. In some cases, the hospital may be at fault for having bad equipment, for failing to manage your case appropriately, or for hiring someone who was not 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 are working. Some doctors are independent contractors, not employees, in that case, you will 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 is 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.

How to obtain compensation for the traumatic brain injury you have sustained

To successfully obtain compensation for the traumatic brain injury 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 traumatic brain injury 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 traumatic brain injuries, the evidence is rarely a smoking gun.

Traumatic brain injuries 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 a traumatic brain injury claim, you do not 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 will not have to call the hospital to gather the proof you need.

Thinking of Filing a Traumatic Brain Injury Claim? What You Need to Do Next

If you are considering a traumatic brain injury case, you should gather up your medical records. You should also keep notes on:

    • any doctor’s appointments
    • follow-ups
    • medications
    • therapy
    • other care you need

Keep records of any communication you have had with your doctor or the hospital. Contact The Law Offices of Sean M. Cleary based in Miami and take all the records 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 traumatic brain injury cases on a contingent-fee basis, so we only get paid if you win.

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.