After a traumatic brain injury is suffered, a long process of healing and recovery begins. The process can take years, and the individual who suffered the injury may never be who they were once again. Someone with a traumatic brain injury (TBI) needs ongoing medical care, and rehabilitation, and may never be able to work again. It’s for these reasons and others that getting help from experienced brain injury lawyers can aid in your recovery and get you just compensation to cover your losses. The following is a look at how you can get financial reparation for your TBI.
Defining a Traumatic Brain Injury
A traumatic brain injury is any type of injury to the brain that causes cognitive and physical impairments for a long period of time or permanently. The TBI can also cause behavioral and emotional changes that alter the injured person’s personality and can also impair them to the point they can’t work in any capacity.
TBIs can be caused by a blow to the head by any number of objects, an accident of any kind, or failure on the part of medical personnel to catch a medical issue that’s causing a brain bleed or aneurysm. Most of the time, a TBI leaves behind physical evidence in or on the brain, along with various other physical and mental presentations.
Experiencing a moderate to severe traumatic brain injury has the potential to severely affect your quality of life and increases the importance of retaining a traumatic brain injury lawyer for legal help.
How Your Life is Affected by a TBI
A traumatic brain injury affects your life on a temporary, long-term, or permanent basis, depending on the type of injury you sustained. A mild concussion typically clears up in a week to 10 days, but a severe concussion can put you out of commission for months and even years as you recover. Other types of traumatic brain injuries can result in a permanent alteration of your ability to control your body and express yourself to the world. You can lose your ability to work, enjoy your life, and maintain your autonomy for a period of time or for the rest of your life, depending on the severity of your injury.
When your life is impacted by a TBI for a lengthy period of time, you may be able to recover damages that help you maintain your quality of life, pay for your medical bills, and compensate for pain and emotional suffering.
Recovering Compensation for a TBI
Just about every aspect of your life has an economic value, as strange as that may sound. Your state of mind, your ability to earn, and the quality of your life all have economic value, and a TBI can severely impair these values. If you received your TBI as the result of the carelessness or negligent actions of another, you may be able to recover damages that help you overcome these losses.
Settlement offer
The party or parties responsible for your TBI usually try to settle your personal injury case by offering a sum of money upfront. It’s almost always a guarantee that the amount offered is much lower than is fair and barely covers the costs of your injury. You should never accept the first settlement offer as it will prevent you from seeking further compensation if a new symptom develops from your TBI.
The settlement offer is a normal part of the personal injury claim process. The problem is the party offering the settlement is not acting in good faith and trying to take advantage of someone who is in a vulnerable position. This is why it’s best to retain a traumatic brain injury lawyer to act on your behalf, as they are in a better position to push back against unfavorable settlement offers. The lawyer can negotiate with the responsible parties and work towards an equitable settlement.
Taking the Matter to Court
It sometimes happens that the settlement offers are inadequate, the insurance company tries to run down the statute of limitations on filing a lawsuit, or there’s an overall refusal to cooperate. This is an attempt to take advantage of a situation, especially when the plaintiff (injured party) is unrepresented by legal counsel. This is another reason why retaining a personal injury lawyer has such great importance. The lawyer is less likely to be ignored by the responsible parties as they’re aware the lawyer is fully versed in the laws regarding personal injury and can file a lawsuit in court if there’s no reasonable response.
Insurance companies and other parties listed in a TBI lawsuit prefer to settle the matter out of court because juries are more likely to award a higher amount of damages than they would otherwise pay. However, there are times when the plaintiff and defendant can’t come to a settlement that’s satisfactory with the case being filed in court as a result.
Having the case heard in court involves putting your medical records in front of a judge or jury for viewing and giving testimony as to the impact the TBI has had on your life. Expert witnesses such as physicians and medical experts may be called to support the facts of your case. The defendant in the case will also have an opportunity to have their version of the case heard by the judge or jury in an attempt to reduce their responsibility. Your lawyer will also present the economic value of your damages to the court for consideration.
The judge or jury ultimately decides how much money you are to be awarded due to the negligence of the defendant. It’s difficult to predict how much money will be awarded, but going to court may be the best option for getting your bills covered.
Getting Help from a Traumatic Brain Injury Lawyer in Charlotte, NC
There’s no denying the fact that a TBI has long-lasting consequences for your quality of life. If your TBI was the result of someone else’s negligence, you shouldn’t be required to bear the costs of your ongoing care by yourself. At Sumwalt Anderson, we can help you pursue a traumatic brain injury case to recover fair compensation that covers your medical bills, loss of income, and pain and suffering. Call us at our office in Charlotte, NC, today and learn more about how we can help you.
Our traumatic brain injury lawyers are ready to go over your case with you or a representative and help you understand your options. We work hard on behalf of our clients to help them get just compensation for their injury.
