What are the requirements for filing a brain injury claim?
In Arkansas, filing a claim for a brain injury requires evidence of negligence or recklessness on the part of another person or entity. Negligence is when someone does not act in a reasonably careful manner, such as a driver who fails to exercise caution when driving. Recklessness is when someone acts in a way that is considered to be wanton or careless disregard for the consequences, such as someone drinking and driving. In order to prove that the defendant was negligent or reckless in causing the injury, the plaintiff must show that the defendant had a duty to act in a certain way, then failed to do so. In Arkansas, the duty to act reasonably is based on the concept of “reasonable care” which applies to everyone in all situations. If the defendant did not use reasonable care, they may be liable for the injury. In addition to proving negligence or recklessness, other requirements for filing a claim for a brain injury include providing medical evidence of the injury and the cause, testimony of the plaintiff’s pain and suffering, and evidence that the injury resulted in financial losses. The plaintiff must also provide evidence of the defendant’s ability to pay for the damages caused by the injury. If you believe you or a loved one have suffered a brain injury due to the negligence of another, it is important to speak with an experienced brain injury attorney in Arkansas as soon as possible to discuss your legal options. An attorney can help you through the complex process of filing a claim and can provide guidance on the specific requirements in your state.
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