Houston Brain Injury Attorneys 

How Do I Prove Negligence in a Houston Brain Injury Case?

Proving negligence in a brain injury case relies on four crucial components: duty of care, breach of duty, causation, and damages.

First, it is essential to demonstrate that the defendant owed a duty of care to the plaintiff. This means they had a legal obligation to act in a manner that prevents harm. For example, drivers have a duty to follow traffic regulations to ensure the safety of others on the road.

Second, it is necessary to establish that the defendant breached their duty of care. This occurs when a defendant fails to meet an expected standard of behavior, such as running a red light while driving.

The third step involves proving causation, showing that the defendant's breach of duty directly caused the plaintiff's brain injury. This can be the most challenging aspect, as it requires demonstrating that the injury would not have happened without the defendant's actions.

It is crucial to establish that the plaintiff has incurred losses as a result of the injury. These damages can include things like medical expenses, lost wages, and both physical and emotional distress.

Collecting and presenting evidence to support these four elements can be complex. It is highly advisable to seek the guidance of our team, as we know what it takes to make a compelling case. 

Can I Seek Compensation on Behalf of a Relative or Loved One?

When a loved one suffers a brain injury due to someone else's negligence or malice, it's only natural to want to provide them with unwavering support, especially when it comes to fighting for justice on their behalf.

In Texas, certain family members possess the right to pursue claims on behalf of an injured individual, especially when the severity of their condition impedes their ability to advocate for themselves. This process entails assuming the role of their legal guardian and initiating a personal injury claim or, in the unfortunate event of a fatality, a wrongful death lawsuit.

The ability to file such claims and the legal rights associated with them often depends on an injured person's capacity to communicate and make decisions, as well as their marital status and other family relationships. Our team can guide you through the complexities of acting as a claimant or plaintiff on behalf of your injured loved one.