Are negligence and recklessness considered in a brain injury case?

Yes, negligence and recklessness are considered in a brain injury case in New York. Negligence is the failure to exercise reasonable care that may lead to injury, while recklessness is an act that disregards the expected outcome. In order to file a successful brain injury claim in New York, the victim must prove that the defendant was negligent or reckless in some way. This means that the victim must prove that the defendant breached a duty of care. The duty of care is the obligation of the defendant to provide a certain level of care that a reasonable person would give to prevent foreseeable harm. For example, if a medical professional fails to properly diagnose a brain injury, they may be liable for negligence. If a driver drives recklessly and causes an accident that leads to a brain injury, they may be liable for recklessness. The defendant must be held responsible for any actions or omissions that led to the brain injury. Negligence and recklessness are both serious issues in brain injury cases and can lead to legal action. If you or a loved one has suffered a brain injury due to another person’s negligence or recklessness, it is important to seek advice from a qualified brain injury attorney in New York. A lawyer can help investigate the cause of the injury and file a legal claim to help you recover damages.

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Are negligence and recklessness considered in a brain injury case?

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