Following a traumatic brain injury (TBI) that wasn’t your fault, there may be several obstacles along the road to recovery that you don’t expect. TBI victims may start with the assumption that the insurance adjuster they speak with has their best interests at heart, or that a judge and jury will treat them fairly due to their physical condition. Both assumptions are unfortunately often incorrect, and that’s why a skilled traumatic brain injury attorney is absolutely crucial to the financial side of your recovery.
Benefits of Retaining an Attorney After a Traumatic Brain Injury Accident
It doesn’t matter whether the brain injury occurred in a car crash, slip and fall, truck collision, or any other type of accident. No matter the cause of the injury, you absolutely need to contact a qualified attorney with experience in TBI cases.
The stakes are high for your financial stability, which is why you don’t want to handle any of this process yourself. Your ability to cover basic costs of living can become disrupted if your brain injury interferes with returning to work. In many accidents involving a TBI, victims end up needing serious accommodations, or to work reduced hours.
Since you may already be dealing with extreme cognitive, emotional, and physical difficulties after a TBI, there’s no need to add even more stress to the situation. Let a legal professional do the heavy lifting by:
Investigating the accident
Your attorney may use sources like an accident reconstructionist, employment logs, eyewitness testimony, medical records, police reports, video footage, and other types of evidence. This investigation establishes what occurred and exactly who is liable for your injury.
Negotiating with insurance
This process is frequently more complex and stressful than you may expect. It’s all too easy to accidentally say the wrong thing or release the wrong records and suddenly find your compensation drastically reduced or even denied outright. For the best shot at a full financial recovery, let your attorney handle the entire process.
Telling your story effectively to a jury
A personal injury lawsuit may be necessary if insurance won’t cover all your costs after a negligent party directly caused your brain injury.
How a Lawyer Helps You Recover Financially After a TBI
Your attorney doesn’t investigate the accident just to determine who is liable for your injury, but also to find out how much they may owe you in compensation. This process is known as valuing your damages, and it’s about more than just arriving at a dollar figure.
Once the extent of your damages is known, your attorney’s job is to make certain the insurance provider or jury is aware of all your actual costs as you reach maximum medical recovery. The full and fair compensation you deserve may not be included in the initial settlement offer from an insurance company.
Your complete list of damages can potentially include factors like:
- Loss of future earning capacity if the effects of the TBI stop you from working or force you to work a job with reduced income
- Loss of income after the accident, whether hourly wages, salaried pay, etc.
- Lost benefits while recovering
- Medical bills such as hospital expenses, price of medications, surgical costs, and so on
- Non-economic damages that aren’t as simple to put a price tag on, like emotional suffering or physical pain
- Out-of-pocket expenses while getting treatment for your traumatic brain injury
- Property damage if you were in a vehicle collision
- Subsequent healthcare costs you are expected to need in the future, such as additional surgeries or physical therapy sessions
- Wrongful death if someone in your family passes away due to the brain injury