Incurring a traumatic brain injury can dramatically derail your life. You must not stand idly by if you have been made a victim of such an injury. Rather, you must rise and pursue legal action against the negligent party. This is regardless of whether it be a medical malpractice lawsuit or a personal injury lawsuit. Follow along to find out whether you have a case on your hands and how a proficient New York City traumatic brain injury attorney at Mark L. Bodner, P.C. can advise you on what action to take.
Do I have a medical malpractice case for my traumatic brain injury?
Say that a medical professional fails to treat your brain injury or brain swelling promptly. Or say that they make an error during your birth that results in a lack of oxygen to your brain or another type of brain injury. In cases such as these, you may consider filing a medical malpractice claim. For your claim, you may carry the burden of proof. This means that you must collect and submit a sufficient amount of evidence that ties your traumatic brain injury directly to a medical professional’s negligence. Such evidence must accomplish the following:
- You must prove that the medical professional was supposed to hold a certain duty of care when attending to you.
- You must prove that the medical professional failed to meet the standard of care that has been established by their peers in the medical community.
- You must prove that you experienced a complication when the medical professional was attending to you and you are suffering from a traumatic brain injury as a result.
Do I have a personal injury case?
On the other hand, if you incurred a traumatic brain injury at the hands of a negligent individual while on the road, while on their property, or otherwise, then you may look into a personal injury claim. For your claim, you must prove the following circumstances as true:
- You must prove that the defendant was supposed to hold a certain level of responsibility when behind the steering wheel, when welcoming you onto their property, or otherwise.
- You must prove that the defendant was aware, or should have been aware, of hazardous external factors that may prompt a personal injury accident.
- You must prove that you came into contact with these hazardous external factors and you are suffering from a traumatic brain injury as a result.
Regardless of whether you are pursuing a medical malpractice claim or a personal injury claim, you must make a valiant effort toward recovering your damages. Reach out to a talented New York City personal injury attorney at Mark L. Bodner, P.C. to learn how to get started on your case.