San Antonio Anoxic Brain Injury Lawyer
Medical professionals refer to a diminished supply of oxygen to the brain as hypoxia. However, there are degrees of hypoxia, with anoxia being the most severe. An anoxic brain injury occurs when oxygenated blood ceases to reach the brain. The damage depends on what parts of the brain are affected. For example, injuries involving the occipital lobe or back of the head can cause vision loss or diminished perception. The longer the brain is without cerebral blood flow, the more serious the injury.
Anoxic brain damage often requires extensive rehabilitation services and possible long-term nursing care. If you or a loved one has suffered an anoxic brain injury because of someone’s negligence, contact our brain injury attorneys to discuss a claim. A San Antonio anoxic brain injury lawyer is ready to handle a claim while you focus on recovery.
Proving Negligence
Establishing legal negligence requires the following four elements to be present.
Duty of Care
The at-fault party must have a responsibility to ensure the safety of others. When drivers get behind the wheel, they have an obligation to obey traffic laws and control their vehicles to keep others safe. Property owners also have a duty of care to keep their premises free of hazards.
Breach of Duty
Once the duty of care is established, the injured party must show that the duty was not upheld. For example, a landlord may fail to secure a railing, causing a tenant to fall down the stairs. Maybe a driver was distracted and crossed into oncoming traffic, hitting a car head-on. In both cases, the at-fault party failed to ensure the safety of others.
Causation
Next, the injured person must prove that the at-fault party’s action (or inaction) directly caused the injury. For example, they must demonstrate that the head-on collision that resulted in the anoxic brain injury was because the driver was distracted.
Damages
The final step requires the injured individual to prove they suffered economic and non-economic damages from the accident. Documentation such as medical bills can help substantiate losses.
An attorney in San Antonio could work to prove these elements in an anoxic brain injury claim.
Gathering Evidence of an Anoxic Brain Injury
Evidence varies based on the type of accident. Car accidents have police reports that record citations, officer notes, and diagrams. Other situations may lack any official documentation, so anoxic brain injury lawyers in San Antonio rely on the following:
Medical Records
Medical records may include diagnostic results, prognoses, treatment plans, and medications. Hospital stays, doctor’s appointments, and emergency room services should be part of one’s medical records.
Witness Statements
If others witnessed the accident, a lawyer can help gather their statements to further support negligence. Gathering witness statements as soon as possible ensures they are available when setting a claim.
Photographs and Videos
Others may have taken pictures or caught an accident on video that can be used as evidence of negligence. Security and traffic cameras may have captured information to support negligence.
Expert Opinions
In some cases, a law firm may use expert opinions to support negligence. For example, they may have medical experts discuss the maximum medical improvement (MMI) of an injury to support the need for long-term care.
Contact an Anoxic Brain Injury Attorney in San Antonio Today
Although you have two years from the accident date to file a claim, you should contact a San Antonio anoxic brain injury lawyer as soon as possible. Gathering evidence is less challenging when performed immediately after an injury. Felix Gonzalez Accident and Injury Law can help you meet deadlines so you can receive compensation.
