What are the requirements for filing a brain injury claim?
In Texas, filing a brain injury claim requires meeting a few requirements. First, the injury must have been sustained in an accident that was due to the negligence of another person, company, or organization. Second, the injured person must suffer from a physical, psychological, or emotional impairment that can be linked to the accident. This includes any behavior or mental changes caused by the injury. Third, the injured person must file the claim within two years of the accident. Texas also requires that the injured person must prove that the negligence of the party responsible for the accident was the cause of the injury. This includes showing that the responsible party was aware of the risks associated with the accident, as well as whether the responsible party acted in a reasonable manner. To prove negligence, the injured person must show that the responsible party did not act as a reasonable person would have. Finally, the injured person must show that they suffered a financial loss as a result of the injury. This includes medical expenses, lost wages, and other costs associated with the injury. The injured person can seek compensation for pain and suffering, emotional distress, and mental anguish. The requirements of filing a brain injury claim in Texas are complex and technical. An experienced attorney can help the injured person navigate the legal process and ensure their rights are respected.
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