It is not unusual for a person to suffer a loss of memory following a Buffalo personal injury accident, particularly when that accident involves a serious blow to the head. This can be a problem in pursuing a personal injury claim because the injured person is unable to present his or her eyewitness account of how the injury occurred. Fortunately, the law in New York State has taken into account the unfairness of this situation.
When this occurs, the injured person must prove through the presentation of clear and convincing evidence that he or she suffered a memory loss as a result of the accident which makes it impossible to recall the events leading to the injury. This would require, for example, medical testimony regarding a Traumatic Brain Injury or similar injury that may lead to loss of memory.
If the jury is satisfied that the injured person has indeed suffered a loss of memory, then that person is not held to as high a standard of proof when the jury is determining whether the defendant’s negligence was a substantial factor in causing the injury. The jury will be instructed that they are entitled to use greater latitude in inferring negligence based on the other evidence in the case when this situation arises.
If you have suffered a brain injury due to another’s negligence, we can help you. Please call us at 716-542-5444.
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