What You Need to Know About a Traumatic Brain Injury?
A traumatic brain injury (TBI) is a type of trauma to the brain that results when the head suffers a blow, bump, or some other kind of penetrating injury. However, when this happens, the brain can crash into the skull, shearing nerve fibers, bleeding, or bruising, leading to long-term health issues or death. Yet, although the severity and symptoms of these injuries will depend on the accident, in general, the more common types of traumatic brain injuries include:- Concussions
- Contusions
- Penetrating injuries
- Brain hemorrhages
- Coup-contrecoup brain injury
- Intracranial hematomas
- Second impact syndrome
The Common Causes of Traumatic Brain Injuries
While traumatic brain injuries can result for a number of reasons, these devastating injuries frequently develop after:- Motor vehicle accident
- Pedestrian accidents
- Slip and falls
- A fall from a significant height
- Being struck by an object
- A sporting injury
- Intentional acts of violence
- Construction site accidents or other types of work accidents
- Industrial accidents
- Nursing home accidents
Dealing With the Insurance Companies Following a Traumatic Brain Injury
After a traumatic brain injury accident, you may have to deal with insurance companies. However, dealing with these companies can result in an uphill battle. These companies and their adjusters will try to do everything to deny liability or offer you as little money as possible to settle your legal claim. Insurance companies like to play these games because they are a company that wants to make money. They make this money when they collect premium payments from their policyholders. However, they lose out on these profits when they have to pay out for a personal injury accident. As a result, these companies will try to do everything to pay as little money as possible to settle a claim or try to deny it by claiming that your injury resulted from a separate event or a pre-existing condition. That is why when dealing with these insurance companies, you must be careful and avoid saying things they can use against you or providing them with evidence that can hurt your case. Rather, following a traumatic brain injury accident, consider reaching out to an experienced traumatic brain injury accident lawyer who can help you take on these insurers and their adjuster and ensure your case is treated with the respect it deserves.Settling With the Insurance Company
After a traumatic brain injury accident, insurance companies may try to settle your case as soon as possible to prevent further legal action. However, taking this first settlement offer is not a good idea. Often, these insurers will offer you a very low initial settlement offer, hoping you take it without verifying whether it is fair to you. However, if you agree to this amount, remember you cannot return to the insurance company and ask for more compensation. Instead, by agreeing to this settlement, you agree that you will not take further action. For these reasons, contact a knowledgeable traumatic brain injury accident attorney before you agree to anything from the insurance company. These legal professionals can work on your behalf, fight for your best interests, and protect your rights. They can also provide solid legal advice and determine whether you should accept or reject the initial settlement offer. If they feel that the settlement amount is not fair to your needs, they can return to the insurance company and fight for the compensation you deserve.Insurance Company Claims Can Take a While
Another tactic the insurance companies like to try to get you to accept less money than you are entitled to is to delay the claims process. These companies hope that dragging out your claim will make the situation more desperate for you, which will cause you to settle the claim quickly for as little money as possible. That is why if you are pursuing a traumatic brain injury legal claim, you may need to remain patient so that the insurance company begins to lose the leverage it thought it had. For further information regarding these tactics, consider reviewing your case with a skilled traumatic brain injury accident lawyer. These attorneys can help you better understand the tactics the insurance company may try on you and figure out how to fight for maximum financial damages.The Time Limitations Involved in Filing a Lawsuit After a Traumatic Brain Injury Accident
If you cannot secure the money you need from the insurance company, you may pursue a lawsuit. However, remember that the time you have to file this suit is limited. According to the statute of limitation laws, victims of an accident will only have a certain amount of time to bring a suit following an alleged offense. This period will depend on the state, the type of case the victim brings, and whether any exceptions apply. Yet, the bottom line is that if these victims do not file within the allotted period, the court can bar them from obtaining the compensation they need. If you believe you have a valid legal claim, consider discussing the situation with a knowledgeable traumatic brain injury accident attorney as soon as possible. These legal professionals can review the applicable deadline statutes, determine how much time you have to submit your legal claim and ensure to prepare and file the required documents before this time expires. In addition, waiting too long to pursue legal action can also hurt your case. As more time passes, the higher the chances are of evidence disappearing, memories of the incident fading, and witnesses no longer being able to testify in support of your claim. These elements can hurt your legal case and impact your ability to have a successful claim.Monetary Damages You Can Pursue Following a Traumatic Brain Injury Accident
If you can bring a lawsuit after your traumatic brain injury accident, you may go after compensation to help cover your expenses and losses you suffered after this accident. This compensation is usually broken down into the following categories:Economic Damages
Economic damages typically refer to payment for the actual and verifiable losses that result from an accident. They include losses such as:- Medical expenses related to doctor visits, hospital stays, emergency services, ambulance services, surgeries, prescription medications, and assistive medical devices
- Loss of income, business opportunities, and earning capacity
- Loss of use of property
- Repair costs or replacement expenses
- Rehabilitation and occupational therapy
- Custodial care
- Costs associated with the replacement of domestic services
Non-economic Damages
Non-economic damages refer to compensation awarded to victims of an accident for their subjective, non-monetary losses. They include losses such as:- Pain and suffering
- Inconvenience due to the injuries that resulted
- Physical impairment and disfigurement
- Mental anguish
- Emotional distress
- Loss of enjoyment of life and loss of quality of life
- Loss of consortium and loss of companionship
- Humiliation and reputation loss
How Much Money Can You Obtain Following a Traumatic Brain Injury Accident?
Unfortunately, while an attorney can help you determine which damages you can pursue after a traumatic brain injury accident, these lawyers can not guarantee that you will receive a specific amount of compensation after this accident. Usually, various factors can affect your case and influence the amount of compensation you can obtain from the other side, including:- The scope and the seriousness of your brain injury
- Whether your brain injury is permanent
- The type of treatments you need now and the type of care you will need in the future
- The ability to work after these accidents
- The amount of lost income you sustained after these accidents
- The extent of your pain and losses after the accident
- The reliability of the evidence presented
- The ability to live the life you have wanted
- The willingness of the insurance company to provide you with the compensation you need
- Your patience
How Can an Experienced Traumatic Brain Injury Accident Attorney Help You Fight for the Justice You Deserve?
If you or a loved one sustained a traumatic brain injury due to another person’s reckless, intentional, or negligent actions, you might have a viable legal claim you can pursue. Thankfully, when you work with an experienced traumatic brain injury accident attorney, these legal professionals can help you figure out your legal options after this tragic accident and support you every step of the way. Once hired, these attorneys can:- Go over all your questions and concerns, provide the legal support you require, and determine the legal actions you can take next.
- Thoroughly investigate your accident and secure the evidence needed to show fault and the extent of your damages.
- Calculate the value of your case and determine how much money they need to fight for on your behalf.
- Bring in experts who can help substantiate your legal claim, including medical, financial, and accident reconstruction specialists.
- Take on the discussions with the insurer and their adjusters, make sure your case is treated fairly, and fight for the fair settlement offer you deserve.
- Fight for maximum damages by taking your case before a judge or a jury if the insurer does not provide you with the compensation you deserve.
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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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