10 Things To Know Before Filing Brain Injury Claims

While suffering a traumatic brain injury can be devastating, it’s far from uncommon.

Over 50,000 people will die each year from injuries sustained from brain trauma. And 30% of all injury deaths are a result of traumatic brain injury.

If you were a victim of a serious occurrence and you’re reading this now, count yourself lucky.

Because of the seriousness of brain injury, it’s important that those responsible for your pain and suffering are held accountable for their negligence. Although filing a claim for your brain injury may be the right thing to do, getting the settlement you deserve is often far from easy.

Read on to learn 10 of the most important things you should know before filing brain injury claims. You’ve suffered enough, and we’re here to help.

1. Go on the Record

Lawsuits that depend solely on personal testimony are often far harder to win than cases with a strong collection of evidence. If you or a loved one has suffered a traumatic head trauma, it’s important that you go to the emergency room immediately.

Having the medical records to detail your experience could be crucial to your case down the road.

2. Harmless Accident or Life Changing Event?

One potential mistake made by plaintiffs is confusing a harmless incident with the kind of accident that will change one’s life forever. Accidents that occur without causing any real damage or injury can often be classified as one of the unavoidable hiccups of life.

A broken nail or small scratch is not an injury worthy of a liability claim. Learn how to tell the difference by talking to an attorney who can help you understand your rights.

3. Know Who to Hold Responsible

After an accident, it’s important to know who you will be held accountable for the damages you’ve sustained. For instance, if you were hit by an 18-wheeler whose driver was impaired by a lack of sleep, it may make more sense for your attorney to sue the company on your behalf than it would for him to sue the driver.

This could be because the company encourages drivers to bend rules to save on their bottom line or because a company negligence has led them to overlook crucial warning signs in the driver’s record.

4. Don’t Settle for a Quick Pay out on Brain Injury Claims

Although it can be tempting to take a quick settlement, it’s important that you consult with a legal representative that you trust to determine if the offer presented is the right choice for you.

This payout offer can often be indicative of an insurance agency or company that knows that they are likely to pay a much higher cost if the case goes to court.

5. Consider Your Losses

If you did sustain a serious injury, a lawyer can help you quantify your losses. This can mean lost income that you were unable to receive because of your injuries.

Medical bills and prescription drugs costs are two more examples of losses you may have sustained.

6. Remember the Future

Don’t forget to take into account future income changes and medical bills. This can include your inability to return to work, physical therapy, or prescription drugs.

Good legal counsel will help you plan for your future and the road ahead.

7. Changes in the Personality

Traumatic brain injury can cause more than just physical pain and suffering. If you believe that brain injury has caused a personality shift or unusual behavior, be sure to tell your doctor.

Brain injury can cause an ordinarily normal person to become unusually angry or violent. Your lawyer will need to take this into account with filing your claim.

8. Find an Expert

Expert testimony can be crucial to getting the settlement you deserve. Your lawyer may be compelled to provide expert testimony explaining why your injuries are as devastating as they are.

Examples of expert testimony can come from sources like doctors or psychologists. This will help others understand the facts and research that explain how devastating brain trauma can be.

9. Get Support from Friends or Loved Ones

Suffering a traumatic brain injury can be hard enough without the headache of filing your claim. Finding support is extremely important when dealing with the added stress of traumatic brain injury claims.

Have a support network that you can lean on. It will make your journey towards recovery and the time spent waiting on your settlement easier.

10. Find Counsel You Trust

Finding legal counsel that you can trust is the most important step you’ll need to take before you’re ready to proceed. Your lawyer can explain the average settlement for traumatic brain injuries similar to yours and give you insight into what’s ahead.

Your lawyer can also explain what you and your family will need to prepare for as you proceed with your personal claim for brain injuries.

Moving Forward

Your brain injury legal claim can seem like a huge burden, but don’t be deterred. Following these steps will help you prepare for the road ahead.

For more information on brain injury claims and what to expect, call a lawyer with the experience necessary to get you the compensation you deserve.

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