Searching for a brain injury lawyer may seem daunting at first, but it doesn’t have to be. Brain injuries can have crippling and long-lasting effects on a person’s life. Whether caused by a car accident, workplace mishap, or medical negligence, a brain injury can severely impact your ability to work, think, and function normally.
If you or a loved one has experienced a traumatic brain injury (TBI), it’s essential to understand your legal rights and options. An experienced brain injury lawyer has the potential to be your greatest ally in this situation.
In this comprehensive guide, we’ll explore the roles of an experienced brain injury lawyer, the complexities of the legal process, and how to seek compensation for damages.
Whether you’re dealing with medical bills, loss of income, or pain and suffering, a qualified attorney can help you navigate the intricacies of personal injuries and be an advocate for your best interests.
What Is a Brain Injury Lawyer?
A brain injury lawyer is a specialized attorney with experience handling cases related to traumatic brain injuries (TBI). These attorneys focus on securing financial compensation for individuals suffering from traumatic brain injuries, usually due to someone else’s negligence or wrongful actions. They typically come as attorneys who work with personal injuries and auto accidents.
An attorney’s primary goal is to help clients receive the necessary medical treatment, rehabilitation, and recovery resources.
Brain injury lawyers understand the unique challenges that TBI victims face, such as cognitive deficits, emotional trauma, and long-term disability. They work with medical experts, accident reconstructionists, and other professionals to build a strong case and prove the extent of your injuries.
Why You Need a Brain Injury Lawyer, Regardless of Your Symptoms
Handling a traumatic brain injury case without legal representation is incredibly challenging. Here are some reasons why hiring a brain injury lawyer is crucial:
Complexity of Brain Injury Cases
Brain injuries may not be immediately apparent, and their symptoms can worsen over time. A lawyer understands the medical nuances of TBIs and how to present them in court. They also know how to provide adequate documentation to support your injuries.
Negotiating with Insurance Companies
Insurance companies often attempt to minimize payouts to claimants. A brain injury lawyer negotiates with insurers to ensure you receive adequate and fair compensation. Attorneys can also sue the insurance company on your behalf if there is evidence for wrongful termination of care or lack of payment of medical services.
Proving Liability
Determining liability for your brain injury can often be difficult, especially if you were the one involved in the accident. A skilled lawyer will gather evidence, interview witnesses, and use experts to prove liability in your case on your behalf. They will fight for you when you need it the most.
Maximizing Compensation
Brain injury lawyers know how to calculate both the current and future costs of a brain injury, including medical expenses, lost wages, and emotional distress. They should also be experienced in litigation and trial if things come to that point in your legal journey.
Types of Brain Injuries Handled by a Personal Injury Lawyer
Brain injury lawyers handle various types of brain injury cases, including the following:
Concussions
A concussion is commonly caused by a blow to the head, resulting in temporary or permanent cognitive issues that can also lead to long-term problems if severe enough. They’re now considered mild traumatic brain injuries and can often be severe enough to alter your quality of life and ability to work moving forward.
Contusions
Contusions are essentially bruises on the brain that can require surgery and can lead to long-lasting effects on motor function and cognition. They can present an array of challenges for patients moving forward after an injury, so it’s imperative to have support after an injury like this.
Penetrating Brain Injuries
These severe injuries occur when an object pierces the skull and damages brain tissue. These injuries are often life-threatening and result in severe disability.
It’s even more important to have legal protection in these cases, as these injuries often lead to significant changes in quality of life, independence, and the ability to hold a job.
Diffuse Axonal Injuries
These life altering injuries happen when the brain has severe twists and rotates inside the skull, causing widespread damage to nerve fibers. Diffuse axonal injuries can lead to long-term unconsciousness or even a coma when severe enough.
How a Brain Injury Lawyer Might Help You Seek Compensation
When you work with a brain injury lawyer, they will guide you through several key steps to secure the compensation you deserve.
Here’s what you can expect from the legal process:
Initial Consultation and Case Evaluation
The first step in any legal process is a thorough case evaluation. Your brain injury lawyer will review your medical records, accident reports, and other pertinent information to assess the strength of your case.
This initial consultation is often free and allows the lawyer to determine if you have a viable claim. If they’re willing to take on your case, you will most likely sign documents and commit to working with them exclusively moving forward.
Investigation and Evidence Gathering
Once both parties decide to proceed, your lawyer will begin investigating the circumstances of your injury.
This process can include reviewing accident reports, interviewing witnesses, and consulting with medical professionals you’ve seen or should see. The goal is to gather enough evidence to prove that someone else’s negligence caused the brain injury.
They may also want to find probable cause and justify why you may need additional support due to your injury.
Filing a Claim
After gathering sufficient evidence, your lawyer will file a personal injury claim on your behalf.
This claim will provide the details of your injury, the responsible parties, and the compensation you are seeking for medical bills, lost wages, and other damages. You will be heavily involved in these discussions to determine your quality of life moving forward and prioritize what you need to live.
Negotiating a Settlement
Many brain injury cases often settle out of the courtroom with negotiations between your lawyer and the defendant’s insurance company or legal team. During this process, your lawyer will work to secure a settlement that covers both your immediate and future needs.
Ideally, you won’t have to go to court to settle, but it’s best to prepare to do so just in case. It’s always best to make sure you’re ready for unexpected outcomes.
Going to Trial (If Necessary)
If you cannot come to a fair settlement, your brain injury lawyer will take the case to court. They will present your case to a judge or jury, using expert testimony and medical evidence to prove the extent of your injuries and the liability of the defendant.
In this situation, having highly trained providers, medical experts, and researchers can make a significant difference in your case. It’s best to find them before going to court, so discuss these components with your attorney beforehand.
Types of Compensation for Brain Injury Victims
Brain injury victims may be entitled to various forms of financial compensation, which usually depend on the severity of the injury and its impact on their lives.
Here are the most common types of compensation available in brain injury cases:
Medical Expenses
This includes costs for hospital stays, surgeries, medications, rehabilitation, and ongoing care.
Lost Wages
If your brain injury prevents you from working, you can potentially seek compensation for lost income while not working. This compensation can also include loss of future earning potential if your injuries result in chronic or long-term disability.
Pain and Suffering
This compensation covers the emotional distress and physical pain caused by the brain injury.
Loss of Consortium
If your brain injury has significantly impacted your relationship with a domestic partner, spouse, or family, you may be able to file a loss of consortium. In this case, you may receive compensation for loss of support or companionship based on quality of life measures.
Punitive Damages
In specific situations where the defendant’s actions were reckless or malicious, you may be eligible to be awarded punitive damages for compensation. These types of damage are given to deter similar bad behaviors and decisions in the future.
What to Look for in an Experienced Brain Injury Lawyer
Choosing the correct brain injury lawyer is a crucial step to the success of your case.
Here are some factors to consider when selecting an attorney:
Experience with Brain Injury Cases
Be sure to look for an attorney with a proven track record in handling brain injury cases specifically. They should understand the complexities of these cases and have experience working with medical experts and presenting evidence in court. They should also be caring, compassionate, and focused on helping you, not just their pocketbook.
Reputation
Research the lawyer’s reputation within the legal community and among past clients. Positive reviews, high ratings, and peer recommendations can indicate a lawyer’s ability to deliver successful results. It’s also important to know about their ethics and ethos regarding cases and how they receive compensation for their efforts.
Communication Skills
Unfortunately, brain injury cases can be long and complicated. Working with a lawyer who communicates effectively, keeps you informed, and answers your questions in a timely manner is essential.
Resources
As you can assume, brain injury cases often require significant financial and business resources. They may include having access to expert witnesses and consulting with accident reconstruction specialists and qualified medical professionals. Make sure your lawyer has access to the necessary resources to build a strong case.
Compassion
Beyond legal expertise, a good brain injury lawyer should show empathy and understanding toward your situation. They should be committed to helping you regain your quality of life and securing the compensation you need for recovery.
Frequently Asked Questions About Brain Injury Attorneys
Q: How long do I have to file a brain injury lawsuit?
A: The statute of limitations for filing a personal injury lawsuit will vary by state, typically ranging from two to four years. It’s important to consult with a brain injury lawyer as soon as possible to ensure you meet the deadlines for filing your claim.
Q: What is the average settlement for a brain injury case?
A: The value of a brain injury settlement will depend on many factors, including the injury’s severity, the impact on the victim’s life, and the defendant’s liability. Settlements can often range from thousands of dollars to millions of dollars. Compensation depends on the severity of injuries for each case.
Q: Can I file a brain injury lawsuit on behalf of a loved one?
A: Yes, if your loved one is unable to take action due to a brain injury, you can file a lawsuit on their behalf as a legal guardian or representative.
Q: Will my case go to trial?
A: Many brain injury cases settle out of court. Sadly, your case may go to trial if you cannot reach a fair settlement between the two parties. Your lawyer will be sure to prepare you for both scenarios.
Q: How much does a brain injury attorney cost?
A: Most brain injury lawyers work on a contingency fee basis. This means they only get paid if they win your case. If they win your case, their fee is typically a range of the settlement or verdict percentages.
Q: What should I bring with me to my initial consultation?
A: Bring any relevant documents, such as medical records, accident reports, and insurance correspondence. These will help the lawyer assess your case and provide guidance on the next steps.
Finding The Perfect Lawyer Could Be The Answer to Your Questions
Suffering a traumatic brain injury is a life-altering experience, and seeking legal help is crucial to securing the compensation you need for recovery. A brain injury lawyer can be your strongest advocate, helping you navigate the complexities of personal injury law while ensuring your rights are protected.
By choosing an experienced brain injury lawyer, you should be able to spend more time focusing on healing and rebuilding your life. Your attorney should fight on your behalf for the compensation you deserve.
Once you find a brain injury lawyer, it’s time to find medical providers who have experience treating concussions and brain injuries.
At The Neural Connection, we’re world-leading experts in treating concussions, brain injuries, and auto accidents. We have 88+ 5-Star Google Reviews from patients who have found success at our clinic with our specialized approach to treating complex neurological injuries.
If you are still struggling with symptoms from a traumatic brain injury, we would love to speak to you. Feel free to click the link below to schedule your free consultation with one of our doctors!
Click here for a FREE 30-Minute Consultation
*Note: The information provided in this article is for educational purposes only and does not constitute a doctor-patient relationship. Patients are advised to consult their medical provider or primary care physician before trying any remedies or therapies at home.
