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Traumatic brain injuries are life-changing. They can cause permanent disability that might impact your ability to work and your relationship with your family and loved ones. Suppose someone else’s negligence caused your traumatic brain injury. In that case, you could be eligible to collect compensation to replace lost wages, pay for medical bills, and ensure you continue to receive the medical treatment you need.
The at-fault party’s insurance company might contact you immediately following the injury to try to get you to take a settlement offer. Before agreeing to anything, consult with a brain injury lawyer. You could be eligible for more compensation than what’s being offered, so it’s important to get legal help.
Your symptoms will depend on the severity of the brain injury. Possible symptoms include:
This is far from an all-inclusive list. Contact us today to discuss your symptoms with our brain injury lawyer.
Your brain injury lawyer will take a series of steps to build your case and file the claim. First, your attorney must establish who was at fault. If you were injured at work, your employer might be legally responsible. On the other hand, if you were hurt due to a motor vehicle accident, the other driver might be at fault.
Next, your lawyer must determine who will pay the claim. This is often the other party’s insurance company. It could also be your employer’s workers’ compensation insurance company.
Then your lawyer must calculate the amount of money you’ve lost to date. This can include your medical bills and lost wages, as well as any other money you’ve lost as a result of the brain injury.
After calculating your current losses, your lawyer will analyze the long-term impact of your injury. For example, if you need long-term medical care, your lawyer will speak to medical experts to determine how much that will cost you during your lifetime.
Next, your lawyer will calculate your non-economic losses and file a claim. Then the attorney can negotiate for a settlement or take the case to trial if needed.
Unfortunately, brain injuries often have long-term effects that can impact you for the rest of your life. Thus, your brain injury lawyer will consider that when calculating the damages. Depending on the severity of your injury, you might suffer from long-term physical impairments, such as trouble speaking, swallowing, and even moving. You could also experience a lifetime of social and behavioral problems due to the injury. While filing a claim cannot reverse the long-term impact of these injuries, it can help you get the medical treatment and support you need.
You must file your brain injury claim before the statute of limitations expires. Otherwise, you won’t be eligible for compensation through a settlement or court judgment. The statute of limitations depends on where you’re filing the case. If you are making a claim in Arizona, you must file it within two years of the injury. However, you have one extra year if you reside. Then you must file it within three years of the injury. It’s wise to begin your claim well before the deadline. Then your attorney will have ample time to gather and review the evidence and negotiate with the other party. Additionally, the evidence is fresh and readily available right after the injury, but it could diminish as the years pass.
A brain injury victim can often collect economic and non-economic damages. Additionally, the claims include money for long-term medical expenses the injured party will incur throughout the person’s lifetime. This can include at-home care if needed. Because there are so many factors to consider, consult with a brain injury lawyer before trying to settle your claim. Your lawyer will review the evidence and then value your claim. The attorney might be able to settle the claim with the insurance agency out of court. However, your lawyer will prepare for court if the insurance company doesn’t agree to a reasonable settlement.
