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.

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