A traumatic brain injury can happen for many different reasons, and it often results in a lifetime of medical treatment and financial difficulties. If you or someone you love has suffered from a TBI, this article will be an important read for you. We’ll discuss 6 things that you should know about traumatic brain injury settlements.
1. What It Is
A Traumatic Brain Injury
This is an injury to the brain caused by an external force, which disrupts normal function. It can range from a brief change in mental status or consciousness to an extended period of unconsciousness, coma, or even death. You may have experienced what is called post-traumatic amnesia (PTA), where you are unable to remember what happened around the time of your accident.
A TBI Settlement
It’s possible to submit a personal injury claim if the medical condition has been caused by the negligence of another person. The financial settlement is what you may be entitled to if your injury has caused a permanent disability. Some of the most common issues are memory problems, personality changes, and trouble with communication.
If you have what is called an “invisible” injury, it could make getting money for your condition more difficult. This is because there would be no visible proof as to what has occurred. By reading this useful guide you can see that some traumatic brain injuries are caused by domestic violence, sports-related accidents, car accidents, workplace accidents, and more. There are often important factors in a TBI claim, and specialist lawyers can often help people get the compensation they deserve.
2. How A Lawyer Can Help
If you attempt to settle the case on your own, there is a good chance that you will not be able to get as much money from the insurance company as you desire. In contrast, someone with legal experience in brain injuries would be able to help with the negotiations – understanding how much money to request and knowing how likely you’d be to receive it.
The other party’s insurance company will want to either pay as little as possible or deny liability, and they will have their own lawyers to help them. An experienced lawyer will be fully aware of their tactics and know how to aggressively fight on your behalf.
3. The Evidence That Is Required
This could be different from other personal injury claims because the effects are debilitating and long-term. With Traumatic Brain Injury, there may not even be any outward physical signs and doctors may need permission from the patient’s guardian (or legal representative) before they can conduct certain tests on them.
Your lawyer would collect your doctor’s and specialist’s reports, scan results, and diagnoses alongside medical invoices to support your claim. If it was a road crash, for instance, they may also use photographic evidence of the vehicles and road, and a police accident report if one was produced. Witness statements could also be crucial evidence backing up your version of events.
4. Compensation For The Past
The sum you receive will be determined by how serious your injury is and for what duration it lasts. Besides claiming for your medical expenses, you’ll also be claiming loss of earnings while you were unable to work.
You could claim for pain and suffering, trauma, loss of enjoyment of life, and punitive damages if applicable.
5. Compensation For The Future
Your disability may require modifications made to your house. The entrances may need to be widened, or wheelchair ramps added, etc. You may also need rails, a stairlift, and a walk-in shower or bath. There may be future surgery that you need and medications that will have to be taken for the rest of your life.
You should also seek compensation for loss of earning potential if you need to work reduced hours in the future or are unable to ever work again. Your attorney will factor all of these things into the claim.
6. The Settlement Process
Your lawyer will be the contact point with the other party’s insurance company. If early (and lower) financial offers are made, they will advise you whether to accept or reject them. Should an agreement be reached, they will ensure the payments are made to you.
Now you know these 6 key things about TBI settlements, you hopefully feel more optimistic about the future. Thanks to a quality lawyer and a favorable outcome, you may be able to resume your life in the best way possible, knowing you have the funds you need to achieve it.