A brain injury attorney is hired to represent victims in lawsuits against parties responsible for brain damage. Brain damage is categorized as pre or postpartum, and the attorney’s role depends on the cause of the injury. The attorney investigates the cause, negotiates with the defendant, and represents the victim in court if necessary.
When a person suffers a brain injury, they usually decide to file a lawsuit against the party responsible for the damage. A brain injury attorney is often hired to represent the victim in a brain injury lawsuit. The role of a brain injury lawyer is to secure compensation for the victim for the expenses he will incur throughout his life, as well as for the suffering that the victim and/or the victim’s family has suffered.
Anything that causes the destruction or degeneration of cells located in the brain is considered brain damage. While this can happen in a variety of ways, brain damage is generally divided into two main categories – pre and postpartum. Genetic defects can cause brain damage before birth, or negligence on the part of the medical staff can be the cause of brain damage at birth. All other brain injuries are considered postpartum injuries and are usually the result of a traumatic blow to the head, such as a car accident.
The precise role of a brain injury lawyer will depend to some extent on the cause of the injury. An injury caused by the negligence of medical personnel is considered to be within the scope of medical malpractice, while most other brain injuries are considered personal injury lawsuits. While the basic tenants of both medical malpractice and personal injury cases are the same, a medical malpractice brain injury attorney is generally someone who focuses his or her practice on nothing but medical malpractice.
Regardless of what type of brain injury the lawsuit is based on, a brain injury attorney will begin by investigating the cause of the injury. The victim must prove that the defendant was negligent and that his negligence caused the damage to compensate for the injuries suffered. As a result, a thorough investigation must be conducted by the attorney through pre-trial discovery mechanisms and often through the use of private investigators.
Once a clear picture is formed about the extent of the defendant’s negligence, a brain injury lawyer will usually enter into negotiations with the defendant on the victim’s behalf. Often, an out-of-court settlement can be reached between the parties that adequately compensates the victim, or the victim’s family, for the injuries suffered. If an out-of-court settlement cannot be reached, a brain injury lawyer will represent the victim in a trial in front of a jury in most cases. The jury will then decide whether the defendant was negligent or how much compensation should be awarded to the victim.
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