Who can be held responsible in a brain injury lawsuit?

In a brain injury lawsuit, anyone who caused or contributed to the injury may be held responsible. This includes other individuals or corporations, such as a driver in a motor vehicle accident, an employer who is negligent or provides inadequate safety training, or a manufacturer of a faulty product. In New York, most brain injury lawsuits are based on the legal concept of negligence. This means that a person must prove that another party was at fault for the injury, and that the injury directly resulted from the other party’s careless or reckless behavior. For example, if a driver is distracted and strikes a pedestrian, the driver may be held liable for the resulting injuries, including any brain injuries sustained. In addition to negligence, New York courts also allow a claim of strict liability, which holds responsible any person or entity that designs, manufactures, distributes or sells a dangerous or defective product. This can include medical devices, vehicles, food, or any other product that has not been properly tested or designed. Finally, an experienced brain injury attorney can assist you in determining who is most responsible in a brain injury lawsuit. Your attorney will review the facts of your case and explain which parties can potentially be held liable for your injury.

Related FAQs

What types of damages can be recovered in a brain injury lawsuit?
What is a “loss of earning capacity” claim?
Are there any support services available to people with a brain injury?
What if the injured party was partially at fault for the accident?
What are the long-term effects of a traumatic brain injury (TBI)?
Is a brain injury considered a temporary or permanent disability?
Is it possible to negotiate a brain injury settlement without going to court?
What is the process for filing an appeal after a brain injury settlement?
What is a “loss of relationships” claim?
What is “pain and suffering” compensation in a brain injury case?

Who can be held responsible in a brain injury lawsuit?

Related FAQs

Related Blog Posts