(Cont’d)
Contractor or Service Provider
Sometimes it requires investigation to determine who shares liability. Initially, it may not be apparent the role played by a contractor or service provider in creating the conditions that caused a brain injury accident.
After suffering a fall from clear ice on a sidewalk, a mildly brain injured man obtained compensation from a landscaper’s insurance company after it was discovered a poorly designed drainage system caused the ice build-up.
A lady who was shocked at work plugging in an appliance and injured her head falling backward against a wall received compensation from an electrical contractor who had been called to repair the outlet, and instead made repairs to the wrong one.
Associated Parties
The shared liability of associated parties is another example where digging a little deeper into the history of events may be necessary.
A driver is brain-injured in an automobile accident when a vehicle pulls out in front of her while she’s passing a delivery truck stopped in the right lane. A bystander had waved for the defendant’s vehicle to proceed from a driveway into the traffic lane without looking for oncoming vehicles, and shared responsibility for the cost of the woman’s injuries.
A police agency was held partially responsible for a man’s traumatic brain injury because a traffic officer let an inebriated teenager drive home after a traffic stop. On his way home, the teenager’s car collided head-on with the man’s vehicle.
How to Determine Liability
Determining legal liability for a traumatic brain injury and proving it are complex areas of law. Nonetheless, many brain injury lawyers recommend that if you have a mild injury and a straightforward case against an obvious party with adequate insurance coverage, you may be best served negotiating your claim directly with the insurer. (See Head Injuries - Injury Claim Basics.)
In the following circumstances, however, you’re advised to seek a free consultation with a brain injury attorney:
- At-fault party is not obvious
- At-fault party is inadequately insured
- You are unable or unwilling to pursue a claim on your own
- Insurance company is offering inadequate compensation
- Injury is severe with major financial repercussions
Note: The cases cited in this article are composites of actual cases obtained from publicly available records. This article is for information purposes only and is not intended to provide legal advice. For legal advice, please consult an attorney experienced in the appropriate area of law. If you need help finding an attorney, please use the form at the upper right to contact us for a referral.
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