Are you or a loved one suffering from a traumatic brain injury caused by another person’s actions? If so, the aftermath can be overwhelming and confusing. With so many questions swirling around your head, it’s easy to feel lost and unsure of what steps to take next. As Bellingham traumatic brain injury attorneys with decades of experience, we’ve put together a list of frequently asked questions about TBI cases to help guide you through this challenging time. From understanding your legal rights to navigating the claims process, our goal is to provide you with the information you need to make informed decisions and get back on track as quickly as possible. Whether your brain injury was the result of a motor vehicle accident, a bicycle or pedestrian accident, or a slip and fall accident – let us be your go-to resource for answers and support!
If you or a loved one has suffered a traumatic brain injury because of an accident or the negligence of another person or organization, you may be wondering whether you should pursue a personal injury claim. Finding accurate information about TBI lawsuits can be confusing. The best way to determine whether you have a claim is to meet with a skilled and experienced personal injury lawyer for a free case evaluation. An attorney can evaluate your situation, explain your legal rights and help you understand your options moving forward.
If you are thinking that you can save money by negotiating directly with the insurance company, it is important to understand that people who hire personal injury attorneys often recover significantly more compensation than those who negotiate on their own, even after attorney fees are paid. If you believe the insurance company has offered a fair settlement, it is still wise to seek an attorney’s opinion. During a free consultation, you can learn more about the value of your claim and determine the best course of action.
Traumatic brain injury lawsuits fall under personal injury law, so you should look for a skilled and experienced personal injury attorney with experience handling TBI cases. Ask about the attorney’s experience with brain injury claims, the results he or she has achieved and their familiarity with medical professionals who specialize in diagnosing and treating traumatic brain injuries.
Victims of traumatic brain injuries are sometimes accused of exaggerating or overstating their symptoms by insurance companies and defense attorneys. One of the best ways to protect your credibility is to carefully follow the recommendations of your doctors and therapists. If your medical providers recommend returning to work and you feel capable of doing so, then returning may be appropriate. However, you should never force yourself to return to work before you are physically and mentally ready.
When preparing a traumatic brain injury case, an attorney may rely on several types of experts to help establish liability, document injuries and calculate damages.
Life care planners
Life care planners create and quantify plans for present and future medical care, rehabilitation services and other support required because of the injury.
Medical specialists
Brain surgeons, neurologists and other medical professionals may provide expert testimony, perform evaluations and review medical records to help establish the cause and extent of the injury.
Neuropsychologists
Neuropsychologists evaluate the effects of a brain injury on cognitive function, behavior and daily living. They may be retained by either side to assess and explain the impact of the injury.
Employers
Current or former employers may provide information regarding lost wages, diminished earning capacity and the effect of the injury on employment.
Economists
Economists calculate the financial impact of the injury, including lost earnings and future economic losses while accounting for factors such as inflation, wage growth and cost-of-living increases.
Every traumatic brain injury case is unique and its value depends on many factors. If a case goes to trial, a jury may award compensation based on the losses and suffering experienced by the injured person. If the case settles before trial, it is because the parties were able to negotiate an amount that fairly reflects the damages associated with the injury.
Compensation available in a traumatic brain injury lawsuit may include:
- Medical care and rehabilitation expenses
- Lost wages and loss of future earning capacity
- Loss of consortium
- Emotional distress
- Pain and suffering
- Disability and impairment
- Loss of enjoyment of life
When pursuing a traumatic brain injury claim, it is important to understand that the defendant will likely hire a defense attorney whose goal is to reduce or eliminate liability. A personal injury lawyer acts as an experienced advocate who can counter these efforts by gathering evidence, interviewing witnesses, retaining experts, researching legal issues and building the strongest case possible on your behalf.
The length of a traumatic brain injury lawsuit depends on many factors, including the complexity of the case and whether a settlement can be reached before trial. Although settlements are often preferable because they avoid the uncertainty of trial, they can still take months or even years to resolve. Cases that proceed to trial generally take longer and may be further delayed if either party appeals the outcome.
We look forward to answering all of your questions and speaking with you about your legal needs. When you call our office or send us a message through our consultation request form we will provide a FREE initial consultation and case evaluation. Our attorneys offer home and hospital visits with evening and weekend appointments available.