Alcohol-related accidents are on a continuous rise in Philadelphia. These accidents occur when an individual causes damage to an individual or property under the influence of alcohol. In many cases, the victims sustain severe life-threatening injuries such as brain injury.
You can sue the defendant in the event of an accident that caused brain injuries to claim compensation against damages. You can also seek legal help from a Philadelphia dram shop attorney in case the injury you sustained was the result of an alcohol-related accident.
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Filing and claiming compensation in brain injury case
According to the Centers for Disease Control and Prevention (CDC), falling accidents are the top contributor to all brain injuries in the US. While a brain injury claim largely depends on what caused the injury, most brain injuries are the result of either negligence or product liability.
Slip-and-fall accidents, car accidents, and truck accidents are some examples of negligence, while defective brakes and the faulty composition of medicines are examples of product liability cases.
Proving negligence of the defendant
In case the negligence of an individual causes you an injury, you will have to prove the following to secure compensation-
● The defendant owed you a duty of care in some form.
● The defendant breached the duty of reasonable care they owed.
● The defendant’s breach caused you brain injury. The causation has two parts that prove the defendant’s fault: actual cause, which states that the party acted unreasonably, and proximate cause, which states that the injuries you sustained were foreseeable.
● The brain injury you suffered caused you physical, emotional, and financial damage.
Establishing product liability
If you sustained a brain injury due to a faulty product, proving the following would make you entitled to compensation-
● The product was already defective when it left the seller’s possession.
● You used the product in an appropriate way, i.e., as intended.
● The defective product has caused you damage, i.e., brain injury.
● You can be compensated for the injuries you sustained due to the defective product.
If you succeed in establishing negligence or product liability, you can claim compensation for medical bills, lost wages, pain and suffering, etc. However, you must file your claim within the statute of limitations, which is two years in case of personal injuries.
Brain injuries can be more traumatic than other injuries.
While every injury causes pain and psychological suffering, brain injuries can be more traumatic than the rest. A traumatic brain injury can cause several issues, including but not limited to
● Coma that could last for days or weeks.
● Vegetative condition
● Headaches, seizures, strokes, dizziness
● Cognitive issues
● Reduced motor functions
Therefore, a better understanding of the provisions of personal injury laws can help you in case of a brain injury to you or your loved ones. Alternatively, you can also hire an attorney to handle your case.
