A sudden, unexpected traumatic brain injury can impact the entire family, especially if it was caused by negligence. The emotional, physical, and financial burden can seem daunting. It is important to know that you have legal options and can seek compensation.
It is beneficial to know the types of compensation that may be available to you. Working with a Vernon personal injury lawyer can help. An attorney can help make sure you are going after the proper resolutions.
Common Causes of a Traumatic Brain Injury (TBI)
The force of some car accidents can be a major cause of a TBI. However, collisions with minimal vehicle damage can still cause head trauma, so you should still get checked out, even if the crash seemed minor. Without seat belts, airbags, and head restraints, there is always potential for a head injury.
Slips, trips, and falls onto hard surfaces like concrete frequently cause TBIs as the brain collides against the inside of the skull. Heights, stairs, clutter, poor lighting, and unstable ground can increase the risk of falling. Many times the slips and falls happen at work or in a store.
Other risk factors for a traumatic brain injury can be from physical assault, domestic violence situations, child abuse, or any unexpected injuries to the head. It is important to always get medical help before anything else. Working with a Vernon traumatic brain injury attorney quickly after can help the potential of your case.
Gathering Evidence to Prove Your Brain Injury Was Caused by Negligence
Suffering a traumatic brain injury due to another party’s negligent or reckless actions means you can pursue compensation through a personal injury claim. To build a strong case proving causation, you must collect the proper proof. Some forms of evidence you should include are the following:
- Police report detailing the accident or incident circumstances, along with any citations issued. Photograph injuries or property damage on-scene if possible.
- Statements from eyewitnesses confirming events. Have them formally recount what they observed in writing for documentation.
- Medical records, especially imaging showing brain trauma like hemorrhaging or swelling. Diagnosis notes explicitly linking the injury to the accident are key.
- Safety reports regarding defective equipment, hazardous property conditions, or other failures that increased risks.
- Expert testimony on the precise mechanisms of injury and likelihood given factors present.
- Records of missed work, rehabilitation bills, medication costs, and other monetary damages show the impact on your life and finances.
A traumatic brain injury lawyer in Vernon can use the evidence strategically to prove negligence caused preventable harm, leading to maximum compensation. Do not just let this type of case be dismissed. An attorney can help you with every step.
What Compensation You May Be Entitled to
Surviving a traumatic brain injury (TBI) brings devastating disruption and costs. While no amount of money can undo the damage done, you may be entitled to compensation through a personal injury claim or settlement. Understanding the potential recovery options can help you determine what may be best for you.
Recoup all medical expenses involved. This could include initial emergency transport, hospitalization, surgeries, medications, specialists, therapy, and assistive equipment required. Document all current and projected future costs of care and rehabilitation related to the TBI.
Seek recovery for lost income from missing work during treatment and recovery. Calculate reduced earning capacity if disabilities now limit employment options and advancement opportunities. You can also claim non-economic damages like pain and suffering, loss of enjoyment of life if activities are now limited, and emotional trauma.
Try to Settle without a Trial
While a trial may sometimes be necessary in a traumatic brain injury (TBI) case, it is often better to settle beforehand if possible. Trials draw out the process, add costs and stress, and have uncertain outcomes. A negotiator can often secure adequate compensation through settlement talks.
Your attorney’s first priority is maximizing recovery for your injuries and losses. If a fair settlement offer accomplishes that goal, they will likely advise accepting it rather than proceeding to court. Lengthy trials should be a last resort.
During confidential talks, your Vernon traumatic brain injury lawyer can strategically demonstrate the strength of your case evidence and demand justification to extract higher offers. If you accept an offer, the defendant pays the agreed amount and closes the case. This provides an equitable resolution without the uncertainty of trial.
What to Expect If Your Case Goes to Trial
In the weeks before trial, your attorney finalizes evidence, prepares witnesses, researches similar cases, and hones legal arguments. This intensive preparation may involve you providing documents, testifying in a deposition, or getting medical exams.
Once at trial, expect to describe the accident circumstances, injuries sustained, and resulting life impacts under intense cross-examination. Your loved ones will also testify to observed personality changes. Their words validate your suffering and can help prove your cather further.
Throughout the proceedings, medical and technical experts will explain your diagnosis, prognosis, and the defendant’s negligence using brain scans, reports, photos, and data. This links their reckless actions to the preventable harm done.
Make Sure to Account for Long-Term Effects
While a traumatic brain injury’s initial impacts are often obvious, many lingering effects continue long after the accident. Symptoms like cognitive deficits, emotional instability, headaches, and fatigue may persist for years. Knowing your long-term prognosis is critical as you seek fair compensation.
A lawyer will factor lost future income into calculations, as disabilities may now limit employment options and advancement opportunities. Ongoing medical treatment, assisted living needs, and other lifelong care must also be considered. Severe cases require around-the-clock care.
Calculating future losses strengthens the case for maximum compensation to cover future needs. You need to make sure everything will be covered. You do not deserve to pay anything out of pocket for an injury that was not your fault.
You Deserve Justice After Experiencing a Traumatic Brain Injury
If you or a family member experienced a traumatic brain injury after an accident, you should be aware that you have options. A traumatic brain injury attorney in Vernon will fiercely advocate for you. This is a critical time that you need to heal, so we want to take the legal side of things off your plate.
We simplify this complex process while maximizing your compensation. You do not deserve to go through this alone, as you have encountered this injury from someone else’s negligence. Call us for a free consultation.