Accidents happen. No one likes them. Sometimes the accidents are minor with no physical damage. Or sometimes the victim sustains small injuries like mild bruises and little scarring. Other times an accident can have a greater impact on the victim causing significant harm to mind and body. Personal injury law deals with all types of injuries with generally a focus on the more severe forms of injuries. It was developed to provide legal rules and guidelines for anything dealing with personal injury.
As mentioned above, there are different types of personal injury. A couple of the more severe types of injuries include the loss of a limb or a brain injury caused by an accident.Any type of personal injury has an impact on a person. It’s stressful and difficult. When the injury impacts a person’s brain, the impact of the injury is often felt more strongly. Most people rely heavily on their brains, and it’s the brain that provides people with their personalities and allows them to live in the manner that they do. Personal Injury law provides guidelines on how brain injury cases should be dealt with.
The first steps that need to be taken by someone who has suffered a brain injury are the same ones used with any other type of personal injury claim. The following needs to be done:
• It must be clear that the injured individual was owed a duty of care
• It must be proven that the duty of care owed the injured individual was breached. This means that the person providing the care didn’t provide the level of expected care under the circumstances.
Accidents Where Brain Injuries are Common
The most common accident to cause a brain injury is any accident involving motor vehicles like trucks, cars and buses. Brain injuries are common when collisions with motor vehicles are severe enough.Those who use the roads, especially those in motor vehicles, are legally required to exercise a reasonable degree of skill and care when driving. They are legally required to do everything possible not to injure fellow road users and pedestrians. Breach of duty of care is generally determined using the Highway Code. If the Highway Code was violated, then the law looks more carefully at any personal injury claims related to brain injuries.
If it’s been determined that the person who caused the accident (the defendant) did something that could have been foreseeably determined to have caused the accident, the defendant becomes responsible for the mental injury or brain injury that happened. In the legal sense. The defendant is only responsible for this kind of injury if the physical injury to the brain resulted in mental injury or mental illness. If the defendant is determined not to be responsible for the mental injury/illness, then the brain injury will be viewed as being too far removed from the accident to be included in liability for physical injury.
This is called the thin skull rule, in legal circles.It is important that anyone who has experienced a brain injury or suspects they have experienced a brain injury to get medical help as soon as possible. If you need to see a personal injury lawyer in St. Catharines, details are important so be sure to have information about the accident like where and when the accident happened and who identified any physical or mental injuries.