If you or a loved one has suffered from serious head trauma, you may be entitled to compensation through filing a brain injury lawsuit.
While some brain injuries may seem obvious, others may not be easily identifiable until years after the accident took place.
To be eligible for compensation, you must prove that someone else’s negligence caused your injury, and you should contact an attorney right away to learn more about how to proceed with your case.
If you’re ready to get started with your case, read on to find out if you might be eligible to file a brain injury lawsuit today!
General Information
A brain injury is a serious medical condition that can result in lasting changes in quality of life, including memory and cognitive difficulties, personality changes, and paralysis.
Brain injuries can also cause death.
Damage caused by brain injuries may be especially severe for children because their brains are still developing.
A brain injury lawsuit allows victims to recover compensation for medical bills, lost wages due to reduced ability to work, and pain and suffering caused by such injuries.
When Can I File a Claim?
If you or a loved one has suffered a brain injury and another person’s negligence caused it, you may be able to file a claim.
In general, these claims fall into two categories: Medical Malpractice and Personal Injury.
Medical malpractice can occur during childbirth, surgeries or other medical treatment.
Brain injuries in medical settings can be due to negligence by surgeons, nurses or doctors who fail to provide appropriate care for an injured patient.
What Kind of Damages are Recoverable?
There are three types of damages that can be recovered for brain injury.
Those include compensatory damages, money awarded for medical bills, lost wages, and other out-of-pocket expenses; noneconomic damages, money awarded for pain and suffering; and punitive damages (also known as exemplary damages), or money awarded to punish a defendant.
Punitive damages are reserved for extreme cases such as acts of egregious negligence.
Although it’s extremely difficult to obtain punitive damage awards in personal injury cases, if you were the victim of an assault or a drunk driver caused your accident, punitive damage awards may be available under certain circumstances.
In most states there is a cap on punitive damage awards.
Are There Time Limits for Filing My Lawsuit?
Yes. Every state has statutes of limitations that restrict how long after an injury you have to file a lawsuit. In some states, such as New York, it’s three years; in others, like Kentucky, it’s only one year.
And if you have a chronic brain injury or a progressive condition, your time limit may start when you’re diagnosed rather than when your injuries happened.
If you don’t comply with these time limits and your injuries are serious—or even fatal—your case could be thrown out of court.
The attorneys at our law firm will be able to provide details about filing times for your situation and can explain why it’s critical for victims of brain trauma and their families not to delay.
How do I know if an Attorney is Right For Me?
In your search for an experienced Brain Injury Attorney, look for one who has experience representing clients in cases like yours.
Don’t be afraid to ask how many cases he or she has handled similar to yours. Remember, there is no perfect case and every Brain Injury case is different.
So ask about their experience with that unique difference before making your decision!
Also hire an attorney that works on a contingency basis.
Its better to not use all your saving on a lawsuit and apply for pre-lawsuit loans and repay after winning the settlement.
The Role of the Attorney in Filing the Lawsuit.
As your attorney, it is my duty to educate you on your legal rights and provide you with a full evaluation of your case.
I will help you understand if you are able to file a lawsuit for compensation for your injuries against an at-fault party or business.
By filing a lawsuit in civil court, victims who have suffered from a brain injury can pursue monetary compensation as well as accountability for their injuries.
Depending on whether or not insurance policies are available, an insurance company may be liable to pay damages out of pocket that were sustained because of a car accident, slip and fall accident, work-related accident, construction site injury and other personal injury accidents that caused serious injuries or even death.
File A Lawsuit Now
Brain injuries are the leading cause of death and disability in the United States, according to the Centers for Disease Control and Prevention (CDC).
In fact, more than 2 million people suffer traumatic brain injuries that require hospitalization each year.
In most cases, these injuries lead to some level of permanent disability or cognitive impairment, but patients are rarely compensated by medical providers or health insurance companies in a timely fashion.
Traumatic brain injuries can have wide-ranging and long-lasting effects on the brain and body.
Even if you recover completely from your initial injury, you may still face long-term consequences that result in lost wages, medical expenses, and more.
If you or someone you love suffered a traumatic brain injury at the hands of another person’s negligence, you may be entitled to financial compensation through a brain injury lawsuit.
