A traumatic brain injury is a very serious matter. It can result in stratospheric medical bills, the loss of your earning potential, and serious physical and emotional suffering. If the accident that caused the traumatic brain injury occurred because of someone else’s negligence, one of the options you have is to file a personal injury lawsuit to recover losses.
To have the best chance of getting fair compensation, it’s important to hire an experienced personal injury lawyer. When you suffer traumatic brain injuries, San Francisco attorneys from Delfino Green & Green can help. We have been assisting clients for over 30 years. Our team is here to guide you through traumatic brain injury laws and support you throughout your whole case, from beginning to end.
But what can you expect from a traumatic brain injury lawsuit? Learn more about the process and how to prove that you deserve compensation.
What Can You Expect From a Traumatic Brain Injury Lawsuit?
The legal process for TBI claims involves demonstrating that someone else’s negligent or wrongful conduct caused you to suffer a serious injury. You have to show that the injuries are severe enough that they caused you losses, including medical expenses and lost wages.
When you file the claim against the liable party, you will have to negotiate with their insurance company. That’s one of the most challenging aspects of personal injury claims, and it’s one of the main reasons why you need a traumatic brain injury lawyer by your side.
Insurance companies are not out to help you. They will try everything they can to dispute your claim so they can avoid paying you. They may delay the process, too, which keeps you from getting the assistance you need and deserve.
Your traumatic brain injury lawyers will fight hard to get you fair compensation. They’ll use all their experience and tenacity to prove how the accident occurred and fiercely negotiate with insurers for an acceptable settlement.
In some instances, it may be impossible to agree on a settlement value. The next step is to take your personal injury case to court. That tends to be a longer process because it works just like other court cases. It can be an effective way of getting fair compensation, however.
How to Legally Prove a Traumatic Brain Injury (TBI)
To recover losses after suffering a head injury in an accident, you need to prove that you sustained the injury. That’s why it’s so important to get medical help right after the accident. You will need to have medical records showing what tests were used to determine that you suffered a traumatic brain injury. It’s especially crucial that you have records from medical experts who specialize in TBIs.
You can also rely on witness testimonies that speak on how the injury has affected your life. These can demonstrate the severity of the injury and the long-term impact it will have on your career, relationships, and overall well-being.
When Is It Necessary to File a Traumatic Brain Injury Lawsuit?
All traumatic brain injuries are serious enough that you’ll need to file a claim if yours was caused by another person’s negligent actions. It is particularly important to take this step, however, if you suffered a severe traumatic brain injury.
Diffuse axonal injuries, for example, are some of the worst types of brain injuries. They often result in permanent disability, impacting all physical functions and resulting in significant medical costs. In the most serious cases, they can cause brain death.
Even if you “only” suffer a concussion, you should still think about filing a traumatic brain injury claim. You may experience memory loss, mobility issues, trouble concentrating, and other medical problems that keep you from working and living your life as you want to. By hiring a brain injuries attorney, you can file a claim to get financial compensation for your losses.
You also might want to file a lawsuit after a work-related accident. You’re probably covered by workers’ compensation, but that offers limited benefits. For instance, workers’ compensation won’t fully cover your wages.
Although you can’t file a lawsuit against your employer, you can do so against a third party that played a role in the accident. Filing a personal injury lawsuit would allow you to get fair monetary compensation while not forbidding you from also receiving workers’ compensation.
Proving Your Claims in a TBI Lawsuit
Firstly, you will need to prove that you suffered a traumatic brain injury. This will require you to get evidence that shows you received the proper diagnosis and treatment for a brain injury. You need to demonstrate the severity of the injury, which can be done with medical records.
As you show how severe the brain injury is, you also need to establish how it will impact your life. Will it cause permanent disability? Will you require long-term medical care? All of these factors impact your traumatic brain injury case.
The next step in proving brain injury claims is to show that the other party is liable. To do this, your personal injury lawyer has to prove the defendant owed you a duty of care that they breached. You must then show that this breach led to your injuries.
For example, suppose that the defendant caused a car accident because they were intoxicated, and their actions led you to suffer a traumatic brain injury. You can show that they breached their duty of care toward others on the road by not following the law. This is not a simple thing to prove, which is why you need to hire a brain injuries attorney.
What Kind of Evidence Can You Use in TBI Cases?
To prove traumatic brain injury claims, your lawyer for brain injury cases will need to offer lots of evidence. This is because brain injuries aren’t as easy to spot as broken bones or scarring. You can depend on several types of medical evidence, though, including:
- Brain mapping results
- Imaging tests (CT scans, MRIs)
- Diagnostic tests, including cognitive tests
- Intracranial pressure monitoring to prove brain swelling
Expert testimonies from neurologists, neuropsychologists, and rehabilitative physicians are crucial as well. These specialists can testify to the severity of the injury, how long it will take you to recover, and whether you’ll suffer significant permanent issues.
Other witnesses can also be helpful. Loved ones who know you well can offer evidence of how your life has been affected by the brain injury. Traumatic brain injuries don’t only cause physical issues, either. They can affect your personality as well, and your family can speak about any changes they’ve noticed.
If the brain injury has affected your mental health, you can rely on psychologists and psychiatrists to provide information on how the injury has lowered your quality of life.
Working With a Lawyer
It’s essential that you rely on a lawyer to begin a personal injury claim after suffering a traumatic brain injury. Trying to go through the process alone while dealing with brain damage of any kind can be extremely difficult and stressful. Laws for traumatic brain injury cases set specific time limits on how long you have to file a case. A skilled lawyer can help to ensure you’ve filed in a timely manner.
A personal injury lawyer will gather evidence that shows how the accident occurred and how it resulted in your injury. They’ll take a look at all of the evidence related to your brain trauma and subsequent medical treatment. You absolutely need to continue getting the medical care your doctor recommends, so make sure to follow any and all instructions.
Personal injury cases require dealing with insurers. Insurance companies are never out to help you, and they will usually try to keep from paying you the compensation you deserve. They have lots of tactics, too, like pushing you to accept a low offer by threatening not to pay you at all.
With legal representation, that’s not something you have to worry about. Personal injury lawyers will fight for fair compensation so that you can recover damages like lost wages, medical expenses (including future medical bills), and physical and emotional suffering. If the negotiations don’t go as planned, your lawyer will consult with you about filing a lawsuit and taking your claim to court.
Something to remember is that a personal injury attorney works on a contingency fee basis. This means that you don’t have to worry about yet another bill because your attorney only gets paid when you do.
Resolving a Brain Injury Claim
The best outcome for a brain injury claim is to achieve a settlement. These outcomes are faster than going to court. Your lawyer will fight for the highest possible settlement so that you don’t have to keep worrying about your medical bills. Lawyers may offer advice on whether to accept a settlement or not, but they will never force you to accept something you’re not happy with.
Going to court is a slower and more complex process, but it can be vital if you’re facing serious losses and the liable parties are disputing your claim. You never want to go to court without a brain injury attorney because you run the risk of losing the case and walking away with nothing.
Hire Lawyers Experienced in Representing Traumatic Brain Injury Cases
Brain injuries can occur for a variety of reasons. Car accidents are the most common cause, followed closely by slip and fall accidents and birth injuries. No matter what led you to suffer a brain injury, you have the chance to recover losses by hiring personal injury lawyers with significant experience in handling these types of claims.
When you suffer traumatic brain injuries, San Francisco lawyers from Delfino Green & Green are here to help. Our lawyers have over three decades of legal experience and truly understand traumatic brain injury law.
We’ve assisted clients in recovering over $100 million by relying on our tenacity and aggressive negotiation tactics. We prepare each case for court, even if we end up accepting a settlement, and we never hesitate to refuse offers that are too low.
One of our focuses is ensuring that our clients are fully aware of every step of the claims process. We know how stressful waiting for a resolution is, so we provide the support you need. You’ll never feel alone with your injuries when you hire our team.
Contact us at Delfino Green & Green to schedule a free consultation.