According to the CDC, every year, up to 1.4 million people in the U.S. suffer a brain injury. Brain injuries can be caused by anything from a car accident to sports activities. If you believe that some is legally liable for your head or brain injury, you may be thinking about filing a lawsuit. At the New York personal injury law firm of Law Offices of William J. Maniatis, we specialize in brain injury lawsuits. Here are some things you should know before you file a lawsuit. Brain injuries can raise complex legal and medical issues, so it is important to understand the legal theories of your case. The legal theories tied to your case determine what you need to prove in order to win your lawsuit or settlement. Most brain injury lawsuits are based on the legal theory of negligence. Negligence requires the injured plaintiff to show that the party at fault (the defendant) is legally responsible for the injury, by demonstrating all of the following:

• The law required the defendant to be reasonably careful.
• The defendant failed to be reasonably careful.
• The defendant’s action (or inaction) was the cause of the plaintiff’s injuries.
• The plaintiff suffered injuries and/or losses that are measurable under the law.

There are many other theories that could be used as the basis for your case, including product liability and premises liability. But no matter the theory, an experienced attorney will ask you what happened and what you can remember about where you were, what you were doing, and the medical treatment you received. Since it is common for brain injuries to cause memory loss surrounding the time of the injury, just recall as many details as you can and be honest with your attorney.

Click here or call Law Offices of William J. Maniatis today at (212) 248-5060 to speak with an experienced and aggressive NYC injury lawyer.