A traumatic brain injury (TBI) can have lasting impacts on your life. These impacts can be physical, economic, and psychological. A severe TBI can completely alter the course of life. It can leave you depending on caregivers to perform daily tasks.
Traumatic Brain Injury Lawsuit: 7 Ways a Lawyer Can Be Helpful
If your TBI happened because of someone’s negligence, you can hold them accountable. Under California law, Fresno residents can file a case against the defendant to recover damages even if it’s determined that the defendant is only partially at fault. Plaintiffs can hire Fresno brain injury attorneys to help with the case. Read on to understand how hiring a lawyer can be helpful when deciding about bringing a traumatic brain injury lawsuit to court.
1. Determining Damages
Suffering a traumatic brain injury usually leads to a variety of losses. A lawyer can assess your case to determine the damages you qualify for. They can be economic or non-economic damages.
Economic damages entail medical costs, lost wages, and property loss. Medical costs include expenses like surgery, medication, and rehabilitation. Non-economic damages include the following:
- Permanent disability
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Reduced quality of life
2. Protecting Your Claim
Insurance companies usually don’t like spending money to pay expensive claims. So, they may try to pay as little as possible for your TBI claim. Without an attorney, an insurance adjuster can take advantage of you. They may give you a lowball offer.
Unlike the insurance company, a TBI lawyer is on your side. They can give you an estimate of the value of your case. Thus, you’ll be able to differentiate a lowball offer from a fair one.
3. Negotiating a Settlement
A traumatic brain injury can cause major health and economic problems. You may need surgery, physical therapy, and equipment to help in your daily life.
All these things cost a significant amount of money. Thus, it might be tempting to accept the first lowball settlement offer.
A traumatic brain injury lawyer can help you negotiate for fair compensation. They know the amount you’ll need now and in the future. Thus, an attorney can negotiate an offer that covers all your losses.
4. Gathering Evidence To Build a Solid Traumatic Brain Injury Case
A lawyer can investigate your case and gather evidence to support your claims. Evidence is vital in building a solid case. An attorney will know what to look out for during investigations.
Examples of evidence include eyewitness testimony and a police accident report. Others are:
- Medical reports
- Expert witness testimony
- Photos and videos of the incident
5. Proving Fault for the Injury
Your traumatic brain injury case falls under personal injury law. There are things you must do to recover compensation in a personal injury case. For one, you must show that the defendant acted negligently, causing the accident that led to your TBI.
Proving fault entails a variety of elements. These include a duty of care, breach of duty, causation, and damages. A lawyer can demonstrate those elements to prove the defendant’s fault for your TBI.
6. Ensuring Your Peace of Mind
Traumatic brain injury can have severe emotional, physical, and psychological impacts. Thus, you may not want to deal with a TBI case immediately after your accident.
A traumatic brain injury lawyer can handle the claim for you. In doing so, you can have peace of mind and focus on recovery. The lawyer will take care of all the legal aspects of your case.
7. Explaining Your Legal Options
You may not know where to start to recover compensation after a TBI. A lawyer can explain all your legal options. They understand the law surrounding cases like yours.
An attorney can answer all the queries you have about the case. They will also break down complex legal concepts to help you understand the law.
A traumatic brain injury can change your life forever. If severe, it can cause cognitive, motor, sensory, and communication disabilities. Unfortunately, accidents leading to TBIs are often preventable and happen due to negligence.
A traumatic brain injury lawyer can help you get the justice you deserve. They can help you recover compensation from the negligent party.