Liability for Traumatic Brain Injury - Who will pay?
Some people believe that the law will allow recovery for severe injuries under almost any circumstances. This is not true. In fact, when a Traumatic Brain Injury (TBI) occurs as a result of an accident, a legal claim usually exists only when someone acted negligently. The burden of proof is on the injured person.
In negligence claims, the victim must prove
- that the person who caused the incident leading to the injury had a duty to the victim.
- that the other person breached that duty,
- and that the breach caused the victim's injuries and losses.
Usually, a breach of duty means that the other person failed to use reasonable care.
In many TBI cases, the economic losses to the victim and the victim's family are tremendous. These may include huge medical and rehabilitation expenses throughout life, lost income throughout life, educational and vocational expense, and many other costs. These costs may be in the tens of thousands, hundreds of thousands or they may be in the millions. Each case is different.
If the person whose negligence caused the injuries has limited assets, as most people do, then the victim is unlikely to be fully compensated, unless insurance coverage happened to be in place, and that insurance covers the incident. If no money is available to compensate the victim, then either the victim's family must somehow bear the costs, or the victim will have to depend on government benefit programs.
