Filing a Brain Injury Claim
If you are filing a brain injury claim, here are a few things to keep in mind:
- File your claim within the applicable statute of limitations. The law requires that you file a lawsuit within a certain period of time of the harmful wrongful conduct; this period is known as the statute of limitations. Failure to bring suit within this time period may bar your ability to bring suit completely. The statute of limitation differs depending on the subject matter of the case. At York Law Firm, our attorneys can advise you on the applicable statute of limitations.
- Find an experienced brain injury attorney to handle your case. If you think someone is liable to you for the injury you or your loved one sustained, you need a qualified and skillful attorney who can help you get the compensation you deserve. Complex legal and medical issues arise out of brain injury cases, so it is imperative that you speak with a knowledgeable, seasoned attorney to discuss your legal options.
If you believe you have a potential case, contact our firm to schedule a consultation with one of our brain injury attorneys.
Who is Liable in a Brain Injury Case?
Brain injuries can be caused by a number of things – botched operations, motor vehicle accidents, assault, to name a few. To succeed in a brain injury case, you must prove liability by way of negligence, strict liability, or intentional wrong.
Negligence. A defendant is negligent if she did not act as a reasonable person would have acted under the same or similar circumstances.
Strict liability. Strict liability applies most frequently in product liability cases, or cases in which one has suffered injury due to an unsafe or defective product. Under this theory, manufacturers can be held liable for any injury resulting from their product regardless of their awareness of the defect. In order to succeed, the plaintiff would have to prove that the product was defective or unsafe at the time it left the manufacturer and that this defect caused the resulting brain injury.
Intentional wrong. If the wrongdoer intentionally acted to inflict the injury on the plaintiff, such as in cases of assault, she will be found liable. In such cases, the plaintiff would only have to prove that the defendant intended to cause the plaintiff harm.
Contact York Law Firm
At York Law Firm, our skilled attorneys can advise you of your legal rights and will develop a comprehensive legal strategy to attack your case. We work diligently to make sure that the responsible party is held accountable, and will get you the compensation to which you are entitled.