Are negligence and recklessness considered in a brain injury case?

Yes, negligence and recklessness are both considered in brain injury cases in Arkansas. Negligence occurs when a person is careless or causes injury to another person by not behaving as someone who is being careful and reasonable in the same circumstance would. Negligence is a legal claim that must be established to win a brain injury case. To establish negligence in a brain injury case, the plaintiff must prove that the defendant had a duty to act in a certain way, the defendant did not act in accordance with that duty, and as a result, the plaintiff suffered an injury. Recklessness is another form of negligence which must be addressed in a brain injury case. Recklessness occurs when a person behaves in a way that is more careless than what would be expected of a reasonable person. In these cases, the plaintiff must prove that the defendant was aware of the risks associated with their behavior, but still chose to take those risks which ultimately led to the plaintiff’s injury. In general, if a defendant is found to be negligent or reckless in a brain injury case, they can be held liable for the injuries sustained by the plaintiff. While the amount of liability is usually determined on a case-by-case basis, it can include monetary compensation for the plaintiff’s medical bills, lost wages, pain and suffering, and any other damages incurred as a result of the injury.

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Are negligence and recklessness considered in a brain injury case?

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