Are negligence and recklessness considered in a brain injury case?

Yes, negligence and recklessness are considered in brain injury cases in Kansas. Negligence is defined as the failure to exercise a reasonable duty of care, which results in harm to another person. A person who is negligent may be accused of failing to take reasonable steps to ensure someone else’s safety. For example, if a homeowner failed to install handrails around a pool, and a guest later slipped and suffered a brain injury, the homeowner may be found negligent. Recklessness, on the other hand, is considered more serious and intentional than negligence. This involves a person engaging in an activity that is known to be unsafe, yet they do it anyway and then someone else is harmed as a result. For example, if a person is driving under the influence and causes an accident that leads to a brain injury, they would likely be found guilty of recklessness. In both negligence and recklessness cases, the injured person may be eligible for compensation for medical expenses and other damages incurred because of the injury. However, the court must find that the harm was caused due to another person’s negligence or recklessness before awarding any compensation. It is important for brain injury victims in Kansas to consult with an experienced attorney to discuss their case and determine the best legal strategy for pursuing compensation.

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Are negligence and recklessness considered in a brain injury case?

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