Everyone has an obligation to keep other people safe, whether they are driving down the road, operating a grocery store, or inviting friends over for a pool day. If someone failed to uphold that basic duty of care and you’re now dealing with a traumatic brain injury (TBI), you have the legal right to protect yourself. You can file a lawsuit to recover your financial costs while dealing with your physical and emotional recovery.
Steps in a Traumatic Brain Injury Case
The first steps in a brain injury lawsuit actually take place ahead of any legal actions or before a discussion with an insurance company. If you aren’t immediately rushed to the emergency room after the accident, you can help your case by documenting the scene. If you are safely able to do so, take photos of the circumstances around the accident, notify the property owner of your injury, and acquire the contact information for bystanders who saw what occurred.
Immediately after this step, always obtain medical treatment and get a full checkup with a health professional. Not all brain injury symptoms appear right away, which is why it's critical to have a doctor check you for closed head wounds that aren’t visible. This visit also begins a clear accounting of your medical costs as well as establishing how the TBI is expected to affect your life going forward.
Next up is a consultation with an attorney to review your case. The attorney will review the basic facts of what occurred to ensure there is evidence to support your injury claim, and that there is a clear at-fault party who is capable of providing the compensation you deserve.
If these criteria are met and you have a case that’s a good fit for The Mottley Law Firm, your lawyer’s next steps in a brain injury case include:
- Investigating the accident by interviewing witnesses, gathering employment records or trucker logbooks, and consulting with experts
- Negotiating with insurance and sending a demand letter
- Filing a personal injury lawsuit before the statute of limitations expires
- Handling pre-trial motions and discovery while actively negotiating for a settlement with the at-fault party
- Ensuring any settlement offer from insurance or the negligent party who caused your injury is fair and actually covers your full expenses
- Arguing the case in court if a fair settlement amount can’t be agreed on that represents your current and future costs
Why You Need an Experienced Personal Injury Attorney
These types of injury cases are unique in that they often involve a lifetime of ongoing treatment. Any TBI can easily interfere with your ability to complete normal daily work tasks, and the potential for additional medical costs in the future is extremely high. Between needing at-home care, having to undergo long-term therapy, and the possibility of future surgeries, the long-term financial impact of a traumatic brain injury is often much higher than you may expect.
In many cases, the negligent party may attempt to offer a lowball settlement that doesn’t take into account the severity of your pain and suffering, lost wages, and future expenses. While fighting for the full compensation you deserve, an attorney will work alongside you every step of the way so you understand the process and have the best information available to take the right path towards financial recovery. In particular, an experienced TBI lawyer can offer advice for preventing common mistakes that interfere with your ability to recover the full damages you are owed.