If you sustain a brain injury, your medical expenditures will quickly mount. A skilled attorney can assist you in determining the true worth of your claim and fighting for appropriate compensation. Your lawyer can also help you seek non-monetary damages such as pain and suffering, personality changes, and loss of pleasure in life.
1. Trial
After a brain injury, you can suffer significant medical costs and losses of income. These issues can be financially devastating for someone who has to rely on disability payments or family members to support them.
An experienced traumatic brain injury lawyer can explain how to obtain compensation for your current and future losses. They can also bargain for a reasonable settlement. If they cannot reach an agreement, a trial may be required.
Insurance companies are in the business of making money, and they will use every opportunity to undermine your claim or limit your financial recovery. A TBI attorney can help you understand their tactics and take over these conversations so that you do not say something that could hurt your case.
2. Medical Records
Medical records play a critical role in any TBI claim. They are often used to establish the severity of the injury, how it has changed the victim’s life, and what damages should be awarded. Even a “mild” brain injury can have serious consequences. Victims may find they can no longer drive, live independently, or work at their job.
They may also experience changes in their personality or emotional state. Doctors generally classify TBIs into closed injuries (those that do not fracture the skull) and open wounds or those that are penetrating. They also rate the severity of a TBI based on its symptoms.
3. Witness Testimony
Witnesses have observed an event in personal injury cases and can share their opinions. In a brain injury case, these witnesses often know intimately about the injured person’s condition. They can explain how the injury has affected their daily activities, relationships with others, domains of function, and quality of life.
A witness can be subpoenaed to testify in a court of law and can be asked questions under oath by attorneys or by the insurance company. Witnesses can also be compelled to appear via video conference.
In addition to eyewitness testimony, a good attorney will use other types of expert and lay testimony. This includes medical experts, vocational experts, and other professional consultants who can provide technical guidance about specific issues in the case.
4. Expert Witness Testimony
In addition to medical bills and property damage, traumatic brain injury victims are often entitled to damages for their pain and suffering. However, it is important to understand the difference between economic and non-economic damages in a TBI claim.
Non-economic damages include the intangible effects of a brain injury, such as loss of enjoyment of life. These damages are calculated based on an individual’s ability to participate in activities, hobbies, social engagements, etc Close family members, friends, and intimate acquaintances are good sources of information for these types of damages.
However, the key is to ensure that a jury does not feel like the witness has an ulterior motive to paint sympathy for their loved one. In other words, they must have a genuine relationship with the victim.
5. Insurance Company Negotiations
Once the attorney has had a chance to review all of the evidence, they will submit a demand package and enter into negotiations with the liable party’s insurance company. This process involves arguing the value of your case, the extent of your injuries, and how they will impact your life in the future. Compensation amounts vary depending on how the accident and injury have affected your life regarding economic and non-economic damages.
Conclusion
A mild concussion may only lead to medical bills, loss of wages, and property damage. Still, it could also have long-term impacts like depression, relationship difficulty, and reduced quality of life. During these negotiations, the insurance company will often try to lowball you and start with an offer that seems high or gracious, but your attorney can help you counter this strategy.
