Are negligence and recklessness considered in a brain injury case?

Yes, negligence and recklessness are both considered in a brain injury case in California. Negligence is when someone fails to take reasonable care to avoid causing harm to another person. For example, if a driver fails to obey traffic laws and causes an accident that results in someone sustaining a brain injury, then that driver can be sued for negligence. Recklessness on the other hand, is when someone consciously disregards the potential for harm that their actions could cause. If a person is speeding and driving erratically and this leads to an accident that causes a brain injury, then they can be sued for recklessness. In fact, recklessness requires a more heightened duty of care as compared to negligence. Both negligence and recklessness are important considerations when filing a brain injury case in California. The plaintiff must prove that the defendant owed them a duty of care, that the defendant breached that duty in either a negligent or reckless manner, and that this breach directly caused the brain injury. A skilled personal injury lawyer can help the plaintiff make their case and maximize the potential for compensation.

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Are negligence and recklessness considered in a brain injury case?

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