While the specific causes may vary, many TBIs occur because of another person’s careless or reckless acts. In the practice of law, these cases are based the legal theory of negligence. You may be entitled to recover compensation by proving that:
- The responsible party had a duty to exercise reasonable care;
- That person or entity breached this duty;
- The breach of duty was the direct cause of the accident which led to your TBI; and,
- You suffered losses because of being injured.
In many situations, you seek monetary damages by filing an injury claim with the responsible party’s insurance company. While the claims process may seem straightforward, you may encounter considerable challenges when attempting to pursue compensation. A claims adjuster may try to blame the accident on you or dispute the nature of your injuries. These allegations may serve as grounds to deny your claim or pay out an amount that’s not sufficient to cover your losses. A TBI attorney is a valuable asset when dealing with an insurer, as they know the relevant laws and arguments to overcome a claim adjuster’s tricks.
If the insurance company isn’t willing to pay out a fair, reasonable sum to cover your losses, it may be necessary to file a lawsuit in court. Litigation is extremely complex, requiring high-level legal skills and knowledge. Retaining a TBI lawyer is critical to ensuring you get the compensation you deserve in court, through such litigation-related tasks as:
- Drafting the complaint and documents to initiate the lawsuit;
- Representing you in court for required hearings and appearances;
- Filing and defending pre-trial motions;
- Conducting discovery, including requests for documents, interrogatories, and depositions; and,
- Advocating for you during the full trial in a TBI case.
Regardless of whether you negotiate a settlement with an insurer or litigate your TBI claim, there are multiple types of damages you can recover. Because head injuries can have a profound effect on your life and family, the amount of compensation in TBI cases can be considerable. Your monetary damages may include:
- Medical bills for surgery, physical therapy, medications, long-term care, and related treatment;
- Lost income, if your TBI prevents you from working temporarily or permanently;
- Pain and suffering;
- Emotional distress;
- Losses based upon how a TBI affects your relationships with your spouse, children, and other loved ones; and,
- Other monetary compensation depending on the nature and severity of your TBI.