Looking for a lawyer who will aggressively pursue maximum compensation for your brain injury claim?
Did you suffer a traumatic brain injury because of a motor vehicle accident, gunshot wound, sports trauma, child abuse, or other tragedy? If so, you might be entitled to monetary compensation for the injuries you sustained. Hire the catastrophic injury lawyers at My Rights Law. This firm will fight hard to hold your wrongdoer accountable and make them compensate you for the injuries that you have sustained because of them. To consult with an experienced attorney at My Rights Law, call (888) 702-8882 or leave a message on our secure web form.
Traumatic brain injuries, sometimes referred to as TBIs, are common injuries sustained when a person is involved in an accident or is injured because of someone’s deliberate act or negligence. Due to the seriousness of brain injuries, one should always consult with a medical professional for a proper diagnosis.
If you sustained a concussion following an impact, it is important to get checked out immediately. This is because head injuries can be quite complex due to the nature of the human skull. Some brain injuries can also occur or be made worse from internal injuries. That is why it is important to undergo a thorough medical examination if a head injury has occurred.
Key Steps If You Were Injured And Sustained A Brain Injury
One vital piece of advice is not to sign any forms or agree to a settlement before speaking to an experienced and qualified attorney. This is important because often, people who are injured in accidents might be taken advantage of by other parties. Even your own insurance company may try to undervalue the monetary value of your case.
How Do I Know If I Suffered A Traumatic Brain Injury?
It is best to consult with your doctor and undergo testing to determine whether you sustained a traumatic brain injury. The most common symptoms of a traumatic brain injury include unconsciousness, headaches and dizziness, nausea and vomiting, memory problems, confusion and disorientation, issues with speaking clearly or coherently, and changes to emotional or sleep patterns.
Victims of traumatic brain injuries run the risk of long-lasting injuries and even death if not evaluated by a medical professional and treated in a timely manner. Suffering a serious traumatic brain injury can be impactful to a person’s life. For instance, it can impact your ability to complete everyday tasks or perform your job. It may even affect your basic cognitive and motor skills.
The brain is an extremely complex organ and, therefore, can be tricky to diagnose. Not all traumatic brain injuries can be seen with the naked eye. Often there are no external bruises, lacerations, or bleeding, which may make it difficult to recognize and evaluate the extent of a brain injury. For this reason, it is critical you keep track of your symptoms and discuss with a medical professional any symptoms you experience. Bear in mind that because of the complexity of traumatic brain injuries, some symptoms may appear over time, depending on the severity of the brain injury.
When Should I Consult With An Attorney?
If you or someone you know has suffered a traumatic brain injury, you may be entitled to monetary compensation from the person or business at fault for your injuries. Since traumatic brain injuries may leave a lasting impact on a person’s physical and cognitive capabilities and can even lead to financial troubles, an attorney can help you alleviate some of those resulting pressures.
Some signs that you should speak to an attorney after suffering a traumatic brain injury:
You have experienced significant financial loss due to a traumatic brain injury you sustained.
Your traumatic brain injury has affected your ability to perform everyday tasks.
Your traumatic brain injury resulted from an accident that was caused by someone else.
Because of your traumatic brain injury, you experience physical pain and suffer emotionally.
Due to the fragile nature of the brain, it is no surprise that diagnosing and treating a traumatic brain injury can be costly. Victims of traumatic brain injuries may require constant and life-long medical care, which may only be partially covered by health insurance. Some injuries may not require constant medical attention but may leave the victim permanently disabled. This can affect the victim’s ability to work and make an income.
The piling on of additional expenses can be stressful to a victim and their family, especially when medical expenses and other costs tend to add up quickly. That is why it is important to consult an experienced brain injury attorney who can help you recover compensation for the injuries you sustained. An experienced brain injury attorney will carefully analyze the facts of your case and will work with you to develop and implement a legal strategy that is designed to recover compensation for you.
What Laws Apply To Traumatic Brain Injury Cases?
Several laws might apply to a traumatic brain injury case; however, one of the most important is the statute of limitations law. Most states have a statute of limitations for traumatic brain injury cases.
A statute of limitations is a law that restricts the time you may file a case in court. If you fail to file a lawsuit before the time expires, you may lose your right to recover compensation from the parties responsible for your injuries.
In most cases, you have a short period from the date of the accident to file a personal injury lawsuit. Typically, this limitation applies in cases involving motor vehicle accidents, premises liability cases (slip and fall accidents), product liability claims, assault, wrongful acts, or negligent acts. However, since there are certain exceptions to this law, it is best to consult with an attorney as soon as possible to discuss your case.
Some exceptions might extend your deadline to file a claim. Those are rare, though; to avoid potentially being barred from filing a lawsuit altogether, you should not assume your case falls under any of those exceptions.
Due to the risk of filing your lawsuit after the statute of limitations has expired and being barred from recovering any damages, it is best to consult an attorney as soon as possible.
How Do I Prove The Other Party Is Liable?
Proving liability depends on the type of case being brought. For instance, your case can be either a personal injury claim or a workers’ compensation claim. There are some significant differences between the two types of cases. Workers’ compensation claims result from injuries that occurred while at work. In many states, you do not have to prove your employer was at fault for your injury.
A personal injury case differs in that the plaintiff must show, at a minimum, that the defendant was negligent in some way and their negligence caused the plaintiff’s brain injury. The plaintiff is the person claiming to be injured who brings a lawsuit against a defendant. The defendant is the person who is allegedly liable for the plaintiff’s claims.
To recover monetary damages from the defendant, a plaintiff must prove three things:
That the defendant owed the plaintiff a duty of care;
That the defendant breached the duty of care through negligence; and
That the defendant’s negligence was a substantial factor in causing the harm to the plaintiff.
A person is negligent when they fail to act the way a reasonably careful person would in the same situation.
What Is A Duty Of Care?
In some situations, a person owes a “duty of care” to others. This duty is created by law. For example, drivers have a duty to obey traffic laws so as not to create an unreasonable risk of car accidents.
To prove a negligence claim, it must first be proven that a duty of care was owed to the plaintiff. Whether a duty of care is owed and what that duty is, depends on the circumstances of the case.
How Do I Prove Someone Was Negligent?
Under many states’ laws, negligence is defined as the failure to use reasonable care to prevent harm to oneself or others. A person is negligent if they:
Do something that a reasonably careful person would not do in the same situation, or
Fail to do something that a reasonably careful person would do in the same situation.
The main issue in a personal injury negligence case is whether the defendant acted the same as a reasonably careful person would have acted under similar circumstances. If the answer is no, then the next issue is whether the defendant’s breach of their legal duty caused the plaintiff’s injuries.
In some cases, the plaintiff can benefit from using a legal doctrine called res ipsa loquitur. Its translation is “the thing speaks for itself.” This doctrine is often used in personal injury cases to prove the defendant acted negligently. Its benefits are that it allows a judge or jury to presume negligence when the facts of the case show that an accident occurred with no other explanation for its cause but for the defendant’s acts.
The presumption is rebuttable, however, meaning that a defendant may counter or challenge it. Typically, the defendant will present facts proving he acted reasonably. There are also legal defenses that the defendant may raise to contest a res ipsa loquitur argument. Some of those defenses include claims that he acted reasonably, that he did not have control over the object that caused the injury, or that the plaintiff’s negligence caused their injuries.
Another legal doctrine that is commonly used by a plaintiff is the doctrine of negligence per se. Under this doctrine, the plaintiff can prove the defendant was negligent because he violated a statute or ordinance. The defendant’s acts are presumed unreasonable upon violating the law.
Common Defenses Raised In Negligence Cases
A defendant will use any available defense to defeat a negligence claim. Some of the most common defenses are:
Defendant did not owe a duty of care to the plaintiff;
The plaintiff was responsible for causing their injuries (“contributory” or “comparative” negligence); and
The plaintiff assumed the chance of injury (“assumption of the risk”).
As stated earlier, the duty of care is typically created by law. In many cases, you are owed some duty of care. For example, manufacturers, property owners, business owners, and drivers each owe a duty to prevent harm to others.
Defendants will often try to put the blame on the plaintiff for causing the accident or injury. Sometimes, this defense is effective. This is mainly because some states use “comparative fault.” This means that when a plaintiff partially caused the accident or injury, they are said to be comparatively negligent. However, even though a plaintiff is partially at fault for the accident or injury, they may still be able to recover some of their damages.
Assumption of the risk is most common in cases where, at the time of the accident, the plaintiff was engaging in activities that were inherently risky. Examples include gym accidents or surfing accidents.
Typically, businesses attempt to avoid liability by having patrons sign a waiver of liability and assumption of risk agreement. However, even if such waiver forms were signed, businesses nevertheless have a duty to exercise reasonable care to prevent injuries.
Survival Actions And Wrongful Death Claims
Sadly, there are instances where a traumatic brain injury results in a victim’s death. In these instances, the surviving family members have the right to file a wrongful death lawsuit.
In many states, persons that may bring a wrongful death claim include:
A surviving spouse or domestic partner,
Parents or siblings, and
Anyone who was financially dependent on the deceased person.
A successful wrongful death lawsuit may result if it can be proven that the defendant’s negligence was directly responsible for causing the traumatic brain injury that led to the wrongful death of the victim.
Certain damages may be awarded to the deceased person’s estate. This includes past and future lost wages and benefits, medical expenses relating to the deceased person’s final injury or illness, and funeral expenses. The surviving family members may recover damages for the value of financial support and household services the deceased person provided to the family. They also may recover damages for loss of love, companionship, and guidance.
The statute of limitations law also applies to wrongful death lawsuits. These types of cases must be filed within a short period of the deceased person’s passing.
Understandably, money can never be enough when dealing with the loss of a loved one. However, a wrongful death lawsuit, at the very least, allows surviving family members the opportunity to obtain a measure of justice and consolation.
How Long Do Brain Injury Legal Cases Typically Last?
Every legal case is different. However, due to the complex nature of the injury, these types of cases rarely resolve quickly. Rather, cases involving traumatic brain injuries may take several months, sometimes even years of litigation before a settlement or trial occurs. This may sound daunting, but keep in mind that the litigation process is made to provide victims with a legal remedy to recover damages to which they are entitled.
The reason for the lengthy process is the various stages involved in a case. Before filing any complaint with the court, an attorney will send a demand letter to the responsible party. In this letter, the attorney argues the reasons why a client is entitled to monetary damages. Typically, these letters are ignored, or nothing results from them. This then results in the attorney preparing a complaint and formally filing the case in court. The case is now considered commenced.
Various stages of discovery then occur, which means both sides exchange relevant information with one another pertaining to the claims. Once the discovery stage is completed, settlement discussions begin. Due to the cost of going to trial, most cases end up settling. However, if the parties cannot reach a settlement, the next step is to proceed to trial.
An attorney’s only goal is to help their client recover a monetary amount that they feel is deserving because of the traumatic brain injury they sustained. That is why it is important to consult with an attorney who can help you achieve fair compensation.
Settlement In Traumatic Brain Injury Cases
Traumatic brain injury cases, just like the brain, are quite complex. They are best handled by an experienced attorney who understands the several types of legal damages, that is, monetary compensation, available to a victim of these types of injuries.
Aside from understanding the types of damages available, an attorney also knows what kind of evidence must be presented for a jury to adequately put a dollar figure on your injury. Even if you want to settle the case, the liable party will most likely offer a fair settlement if the evidence against it is strong enough.
Typically, in this type of case, you are entitled to the following types of damages:
Past and future medical expenses. Past expenses include any related medical expenses you have paid for and can prove with receipts. Future expenses are estimated by an expert, which your attorney retains on your behalf.
Past and future loss of income. Any income you have lost due to your inability to work because of your brain injury can be awarded. An expert will be retained by your attorney to testify as to how much money you will lose in the future due to your inability to work.
Loss of consortium. If you are married, your spouse can bring a claim for loss of consortium. The purpose of this award is to compensate a spouse for their loss of affection, companionship, and love after the accident.
Pain and suffering. This award is for physical and, in some cases, mental or emotional pain. The nature of the injury is typically a driving factor on whether you are entitled to pain and suffering damages. For instance, if the injury involves a disfigurement or a sensitive part of the body, a pain and suffering award is usually awarded.
There are some instances where the judge awards punitive damages. Punitive damages are meant to punish the liable party. The nature of how the victim was injured typically determines whether punitive damages are available or not.
It is important to note that damage awards can be reduced if the victim is found to have been partially at fault. In some states, if the judge or jury finds that the victim is partially liable, they assign a percentage of fault to the victim. The damage award is then reduced by the percentage amount. Some states may deny a victim’s recovery if they are found to be 50 percent or more at fault.
I Know I Suffered A Traumatic Brain Injury. What Should I Do Next?
Traumatic brain injuries are complex. Proving someone caused such a complex injury because they were negligent is not easy.
You must generally prove the responsible party was negligent. That means that evidence is key in successfully winning your case. The process can be long and stressful, but that is why having an experienced traumatic brain injury attorney can help ease the process for you.
Remember, if you suffered a traumatic brain injury due to the negligence of someone else, you are entitled to compensation. If you or a loved one suffered a traumatic brain injury, you might be stressed and frightened and feel alone in this process. When you consult a knowledgeable, compassionate, and dependable attorney, that will ease some burdens off you. Call an attorney today for a free consultation to discuss the next steps.
Frequently Asked Questions About Brain Injury Claims
What Do I Do If I Suffered A Brain Injury?
If you sustained a brain injury or head injury, then to determine your legal rights and options, you should get a free consultation with an injury lawyer. A free case evaluation with a skilled traumatic brain injury lawyer lets you gauge how to proceed in suing. My Rights Law is a personal injury law firm whose practices areas include brain injury lawsuits. We strive to help injury victims obtain as much financial compensation and justice as possible.
How Can A Personal Injury Attorney Help Me In My Case?
An experienced brain injury lawyer, or a personal injury lawyer who knows all about head injury claims, helps clients pursue substantial financial recoveries from those people who are legally responsible (liable) for causing clients’ injuries. Because TBI lawyers often bring cases on behalf of accident victims, they are familiar with the legal process. That includes effectively negotiating with defendants and insurance companies. Personal injury claims resulting from serious brain injuries (permanent damage to the brain or skull) are complicated matters that require skilled attorneys and the use of expert physicians. Moreover, insurance companies who are involved in these cases might try to downplay or deny your injuries, so you really should have a skilled TBI lawyer in your corner to make the fight fair.
A free consultation with a brain injury lawyer allows you to clarify whether you have a viable brain injury lawsuit and the steps you should take to be in the best position to prevail. The brain injury lawyers at My Rights Law give injured clients a free case review to aid them in understanding their legal options. My Rights Law, a well-respected law firm, treats clients like family and works hard on each case. We take the attorney client relationship seriously. Our experienced brain injury attorneys know what it takes to ensure that each of our clients who sustains a serious injury gets made whole.
What Causes A Brain Injury?
There are many types and causes of brain injuries. Injuries are often caused by car accidents, slip and falls, sports injuries, work-related injuries, medical malpractice, and even intentional acts (e.g., an intentional blow to the head with a bat resulting in a loss of consciousness and serious brain damage.
Brain injuries can be minor (e.g., mild TBI; ringing in the ears) or extreme, depending on the situation. For example, injury victims could suffer long term or permanent brain damage. They could suffer from serious memory loss and the inability to perform activities of daily living, hampering their quality of life for a long period of time. In the United States, on average, 166 people die every day from TBI-related issues.
What Compensation Can I Get For Filing A TBI Lawsuit?
An experienced brain injury lawyer could help you obtain several types of financial compensation in a lawsuit or insurance claim. You could receive economic damages (e.g., medical bills, lost wages), non economic damages (pain and suffering, emotional distress, loss of companionship), and potentially even punitive damages depending on the situation. A brain injury case could be worth millions of dollars depending on how the injury occurs and the severity of the injury (e.g., a wrongful death case in which the loved one’s severe head injury resulted in their death).
A legal claim involving moderate to severe brain injuries could be resolved for a substantial amount of money in part based on the negotiating skills of your injury lawyer. Keep in mind that an insurance company might be involved in your legal case if they insure the person who you are suing. The insurance company might offer you a small amount of money to settle your matter at the beginning of a lawsuit. But they could quickly adjust these offers as your case gets closer to trial. Skilled brain injury attorneys rely upon expert testimony (brain experts) to prove the case, and these experts can play a big part in building the value of your brain injury claim.
Calling Brain Injury Lawyers
If your brain injury occurred because of someone else’s misconduct, then after getting immediate medical attention, touch base with a head injury attorney. They can help you understand your legal rights, which is especially important given your limited time to bring a lawsuit. A free consultation with a brain injury lawyer can enable you to learn who to sue and how you can be made whole for your injuries. The traumatic brain injury attorneys at My Rights Law are all about helping clients get compensation and justice in injury cases. For your consultation, we will thoroughly evaluate your situation and apprise you of your options. Most victims’ cases are handled on a contingency fee basis. In this arrangement, attorney’s fees won’t be charged to you unless you win compensation.
Hiring A Traumatic Brain Injury TBI Lawyer Without Delay
If you or your loved one has sustained a brain injury caused by someone else’s negligence, you should promptly contact a lawyer for guidance and direction. The brain injury attorneys at My Rights Law are here to help you. We understand the long-lasting, devastating impacts that a brain injury can have on victims and their families. Let us put on the gloves and fight on your behalf to win the compensation you deserve. To learn more, reach out to the experienced attorneys at My Rights Law for a free consultation by calling (888) 702-8882 or by contacting us through our secure web form.
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