If you or your loved one has suffered a traumatic brain injury (TBI), you may be entitled to compensation for the medical expenses, lost income, and pain and suffering by filing a TBI lawsuit.
TBI cases can be quite challenging. The defendant may try to downplay the severity because the injury doesn’t always show up physically for everyone to see, unless physical disability is involved. With the help of a lawyer seasoned in handling TBI cases, you can get the legal support you need.
In this blog, we go over all you need to know when filing a traumatic brain injury lawsuit in California.
Understanding What Passes as TBI
To have valid grounds for a TBI lawsuit, you first need to know what constitutes TBI.
Traumatic brain injury is any damage to brain cells caused by external forces, whether a hit or jolt to the head or an object penetrating the skull.
TBIs can result from:
- Car accidents
- Slip and falls
- Sports
- Physical assaults
When your traumatic brain injury resulted from the actions of another party, you have grounds to file a TBI lawsuit against them.
For example, a driver failed to pay attention on the road and rammed full-force into your car, causing you to hit your head against the wheel. This is a case of negligence. Or, say, a work colleague physically assaulted you on the head. This is an assault. Whether negligent or deliberate, you can file an injury lawsuit if the other party’s actions caused your brain injury.
TBIs can be mild, moderate, or severe. Mild TBIs are usually categorized as concussions and most often resolve on their own. Symptoms include headaches, nausea, temporary memory loss, grogginess, and sensitivity to light or sound.
Moderate to severe TBIs are more life-altering and can cause partial, temporary, total, or permanent disability.
Whether mild or severe, you have the right to seek compensation for the losses you incur during that period, financial and otherwise.
Filing a TBI Lawsuit
There are three main stages to filing a TBI lawsuit:
1. Contacting a Lawyer
For your best interests, do not attempt to file a TBI lawsuit by yourself. Avoid negotiating with the insurance company. They are a for-profit business, and while they act as if they care, they most care about protecting their profitability by offering you the smallest amount possible.
You want to contact a traumatic brain injury lawyer who has the experience to handle the case on your behalf. They start the process by investigating and gathering evidence connecting the defendant’s actions to your injuries and symptoms. This involves collecting witness statements, police reports, medical records, and any other relevant information.
Medical records are important, so it’s wise to seek treatment early. Every medical bill leaves a paper trail proving your injuries.
Depending on the severity of your case, your lawyer may also involve medical and economic experts to assess whether your treatment requires long-term care and what the projected cost of that is going to be.
2. Negotiation and Settlement
Once your lawyer has all the relevant information to build a case, they send a formal demand letter to the insurance company, stating the facts of the incident, damage, and compensation you’re owed for your losses. This demand letter must prove liability, that the defendant caused your injuries.
Once that is done, negotiation begins. Note that insurance companies will likely try to minimize payout by trying to shift blame, reducing liability. And given California’s pure comparative negligence rule, where your payout is reduced by your percentage of fault, they may try to prove difficult during negotiations. This is where the importance of having an experienced California Brain Injury Lawyer becomes most profound. They know the common tactics used by insurance companies and can help you counter until a fair settlement is reached.
In the event negotiation drags and no fair settlement can be agreed upon, your lawyer can proceed to take the case to trial.
3. Court Trial
When an injury case goes to court, it tends to take longer to resolve. However, the odds can be in your favor, as court trials sometimes result in higher verdicts. That, of course, depends on the unique circumstances and if your attorney can present your case masterfully to the jury, to let the court feel the full gravity of your pain and suffering while proving liability with strong evidence.
Your lawyer will advocate for your best interests during this time, ensuring you are awarded the fair compensation you deserve. Knowing how emotionally trying this period can be, exceptional lawyers also provide emotional support and guidance to help you and your family cope with the weight of the process.
Final Thoughts
When it comes to traumatic brain injuries, the stakes are high. Ongoing costs may be involved. Expertise and experience become truly crucial when choosing a lawyer. A general personal injury attorney won’t cut it here. You want someone experienced with traumatic brain injuries, someone who can fight aggressively for your rights to secure the resources you need to cope through this tough time.
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