Many accident injuries are life-changing, but nothing is worse than a traumatic brain injury (TBI). A brain injury can change your life in a second, affecting not just you but your entire family. For brain injury victims whose injury is due to negligence, the physical, financial, and emotional losses can be staggering.
If you or a loved one suffered a brain injury caused by another party, talk to a brain injury attorney today. You can receive payment for your medical expenses, lost earnings, and loss of independence. Brain injury lawsuits can recover substantial sums, and a Brooksville brain injury attorney service gives you the best chance at financial justice.
What Is a Brain Injury?
A traumatic brain injury is any type of injury that changes how the brain works. Usually, brain injuries occur from a blow or trauma to the head or body.
Common causes of brain injuries include motor vehicle accidents, falls from heights, assaults, boating accidents, construction accidents, dog bites, medical malpractice, defective products, slips and falls, pedestrian accidents, sports injuries, etc.
Approximately 1.5 million Americans acquire brain injuries every year. The CDC counts 69,000 brain injury-related deaths in one recent year.
Millions more live with long-term effects of brain injuries, and some of them suffered an injury because of another person’s negligence. Unfortunately, some serious injury victims don’t know that they can be entitled to compensation.
Open-head brain injuries usually happen when an external object hits the head with enough force to penetrate the skull and damage the underlying brain tissue.
Closed-head brain injuries happen without any penetration of the skull. For example, a rear-end car accident can damage the brain when it snaps the head.
You can compromise your health and legal options if you do not seek immediate medical care. The liable insurance company will see if you received fast medical care after the incident. If they see any gaps in treatment they may reduce or deny your claim.
How Do Brain Injuries Happen?
The most common reasons for TBIs are:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Falls
- Oxygen loss
- Swimming pool accidents
- Assaults
- Birth injuries
- Anesthesia mistakes
Motor vehicle accidents cause many TBIs. Generally, the liable party’s insurance company must pay for the injured person’s losses. Your brain injury attorney will review the case to determine fault and which insurance policy should pay.
Always consult a brain injury attorney to investigate your claim, determine fault, and calculate your damages. If you attempt to negotiate your own brain injury settlement, you will probably end up with less than you deserve for your injuries.
What Compensation Is Available In A Brain Injury Claim?
No amount of money can make up an injury as serious as one to your brain. However, a successful case can provide money to help you and your loved ones get the care you need and move forward. A settlement from the liable insurance company can give you the economic and non-economic compensation you deserve.
You can hold the liable party financially liable for all damages related to the TBI, such as:
Medical Expenses
You should receive compensation for the money your family will need to pay for medical bills today and in the future. These expenses include hospitalization, surgeries, physical therapy, ER care, treatments, prescription drugs, specialists, medical devices, and more.
Lost Earnings
Brain injury victims usually have substantial lost earnings and employment benefits because they are unable to return to work. You can receive compensation for lost earning capacity for a permanent traumatic brain injury.
Disability
Any out-of-pocket costs related to long-term brain damage and mental and physical disabilities should be included in the settlement. You can recover compensation for home and car modifications, live-in healthcare, long-term medical treatments, and assistive devices.
Pain And Suffering
A traumatic brain injury victim may have significant intangible losses, including physical discomfort, mental and emotional trauma, anger, depression, anxiety, sexual dysfunction, loss of quality of life, etc.
Out-Of-Pocket Costs
Any additional out-of-pocket costs incurred because of the brain injury, such as travel expenses, property damage, legal and attorney fees.
Any compensation you receive in a brain injury claim depends on the injuries and losses related to your injury.
A seasoned brain injury attorney can assist with building a list of your current and future losses and provide an approximate case value. You will know that your attorney has considered all possible losses you have or will suffer, so you maximize your personal injury compensation.
What Is A Brain Injury Claim Worth?
You may wonder what your family member’s brain injury claim is worth. You may struggle with large medical bills and other debts from the accident. You also may struggle with paying regular bills and ponder how to pay for future expenses.
Brain injury attorneys know that your case value will depend on:
Medical Expenses
You will have immediate medical expenses, including hospitalization, surgery, ER and ambulatory care, and prescription drugs. You will probably have significant long-term medical expenses, including home care, additional surgeries and procedures, and rehabilitation.
A brain injury attorney will work with your doctors to understand your injury severity and prognosis. With this information, your attorney can accurately estimate your future medical expenses.
Pain And Suffering
A brain injury in an accident causes immediate and long-term pain and suffering. You have pain from the initial injury, subsequent treatments, rehabilitation, etc. A brain injury attorney can interview your doctors to understand your injuries and the degree of pain and suffering involved.
Mental Anguish
A brain injury involves severe mental and emotional trauma. You may not be the same again, mentally or physically. You may deserve compensation for this devastating loss. A brain injury lawyer may speak to your mental health providers to grasp how the injury affects you mentally.
Age, Health, Income, and Medical History
Your settlement amount also will vary based on your personal characteristics, including age, income, health, and medical history. Someone younger with a higher income may receive a larger settlement than an older person with a lower income. A higher-income person will have more future lost earnings and benefits.
Insurance Available
You must determine who caused the accident and brain injury and then find every insurance policy you can tap to compensate you. Some defendants have limited insurance or assets. Your attorney will tirelessly work to find any liable insurance policy to pay your losses.
The ideal way to prepare your personal injury claim and demand full compensation is by hiring a brain injury attorney. Your attorney will thoroughly review your claim to understand its full value. Then, your lawyer will open negotiations with the insurance company for the best outcome.
Proving A Brain Injury
Generally, the plaintiff (the injured person) must prove that another person violated their duty of care and injured you. For example, car drivers have a duty of care to drive safely and not injure other motorists and pedestrians.
Suppose you suffered an injury in a pedestrian accident when a car ran a red light. Your attorney would need to prove that the other person violated their duty of care, hit you in the crosswalk, and injured you. Also, they must prove that you have damages, such as medical bills and lost income.
However, keep in mind that with many brain injuries, the effects of the injury can be subtle and complex to prove in court. You can have severe, long-term issues related to the injury, but they aren’t always easy to see or prove to a skeptical audience.
Retaining a skilled brain injury attorney immediately after the accident is so important. Your attorney can conclusively prove that another party caused your injury and damages. Typical steps to establish a brain injury, liability, and damages are:
Proving You Have A Brain Injury
As stated above, you must prove your brain injury first. This is accomplished mainly through medical records. When a doctor sees you, you or your family should begin a paper trail to document your injuries. This critical evidence will support your injury claim in an insurance demand letter or court.
Proving The Severity Of The Injury
You must prove the severity of the brain injury to maximize your compensation.
Suppose your brain injury affects your ability to speak and understand language. This can profoundly degrade your enjoyment of life, family, and income.
Your attorney will rely on expert medical opinions to show the severity of your injury. They also may use medical reports and medical imaging of your brain to show how the injury affects your brain.
Proving Long-Term Impact
Your brain injury can be severe enough that you may need future hospitalization, surgeries, rehabilitation, and assistive care. Your attorney may use expert opinions to show that your injury has a significant long-term impact on your career, relationships, and enjoyment of life.
Proving The Incident Caused The Brain Injury
Last, your attorney must prove the accident or incident related to the claim caused the injury. For example, in a car accident, the brain injury lawyer may use police reports, surveillance camera footage, and witness statements to prove that the driver caused the accident.
Why You Need An Attorney for a Brain Injury
If you or a loved one has a brain injury, you’ll probably have to deal with an insurance company. Insurance companies aren’t your friends, especially after a significant injury and loss. An insurance company’s top focus is on its bottom line. The less they pay you, the better for them.
The liable person’s insurance provider may call you after the accident and offer a low settlement. The adjuster knows their company is probably liable and wants to minimize the payout to your family. They can accomplish this if they get you to sign a settlement agreement before you hire a brain injury lawyer and understand what your case is worth.
Politely decline to talk to the liable party’s insurance company. Refer the insurance representatives to your personal injury attorney.
Having an attorney talk to the insurance company from day one ensures that you don’t say anything that harms your case. Also, you won’t feel tempted to take a low settlement offer.
After all, a $25,000 settlement offer may sound like a lot of money. But your expenses may exceed 10 or 100 times that amount.
Only a skilled brain injury attorney should handle insurance company negotiations—that way, you know you have the best chance for an optimal case result.
How Long Do You Have To File A Brain Injury Claim?
Every state has a statute of limitations for personal injury claims, including cases with brain injuries. Some states have a two- or three-year deadline to file a claim from the accident date.
Always promptly retain a Brooksville personal injury attorney to preserve your legal options after the incident. You forfeit your right to sue for damages if the statute of limitations has passed.
Speak to a Brain Injury Attorney Now
Talk to a brain injury attorney in your community today for a free consultation. They’ll review your case and determine if you have a viable claim that can lead to compensation.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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