Are negligence and recklessness considered in a brain injury case?

Yes, negligence and recklessness are considered in brain injury cases in Mississippi. Negligence is when someone fails to take reasonable care to protect others from harm, while recklessness is when someone behaves in a way that puts others at risk of injury or harm. In the case of brain injury, medical professionals who fail to diagnose or treat a condition upon which brain injury is based or who fail to use the proper standard of care while providing treatment can be found negligent. Also, individuals who drive while intoxicated or otherwise act with reckless disregard to the safety of others and cause a brain injury can be held liable in civil court for the injuries they caused. In Mississippi, brain injury victims must prove the negligent or reckless act of the defendant by a preponderance of the evidence, which is a legal way of saying that it is more likely than not that the defendant was negligent or reckless in causing the injury. Though proving negligence or recklessness can be difficult, with the help of a skilled personal injury attorney, plaintiffs can seek compensation for their medical expenses, lost wages, and pain and suffering.

Related FAQs

How long does a brain injury lawsuit take?
What is the link between a brain injury and depression?
Are brain injuries often permanent?
Are there any laws protecting a plaintiff in a brain injury lawsuit?
What is the average amount of money awarded for a brain injury lawsuit?
What types of medical records are necessary to prove a brain injury?
What is the difference between a traumatic and an acquired brain injury?
How can a person with a brain injury get the necessary medical care?
What is a “loss of consortium” claim?
What is the difference between a brain injury lawyer and a personal injury lawyer?

Related Blog Posts

Understanding Your Rights in a Brain Injury Lawsuit - July 31, 2023
Navigating the Cost of a Brain Injury Lawsuit - August 7, 2023
The Benefits of Hiring a Brain Injury Attorney - August 14, 2023
Recognizing Signs of Brain Injury After an Accident - August 21, 2023
What You Need to Know About Brain Injury Liability Claims - August 28, 2023