TBI Compensation: Traumatic Brain Injury Lawyer Expertise


Traumatic Brain Injury Lawyer

Traumatic brain injuries can have serious, long-term impacts, and recovering from one requires a lot of support.

If your injury was caused by negligence, a traumatic brain injury lawyer can help ensure you receive fair compensation to pay for your medical bills and lost income. Let’s look at how a lawyer can assist you.

Understanding Traumatic Brain Injuries and Their Causes

A traumatic brain injury (TBI) occurs when a blow or jolt to the head causes damage to the brain. This can happen during car or other accidents, falls, assaults, or other incidents involving head trauma. Common causes of TBIs include:

Understanding Traumatic Brain Injuries and Their Causes
  • Motor vehicle accidents: Car crashes are a leading cause of traumatic brain injuries as impacts and abrupt changes in speed or direction jar the brain inside the skull. Not wearing a seatbelt increases crash-related TBI risk.
  • Falls: Falling from heights or down stairs can result in a head impact that causes a traumatic brain injury. Falls are more likely to cause TBIs in children and older adults.
  • Assaults: Being struck in the head during a physical attack, like from a fist, weapon, or projectile, can cause traumatic brain damage.
  • Sports injuries: Contact sports like football, boxing, and soccer carry risks of concussions or more severe TBIs from head impacts. Repeated mild TBIs over time also increase risks.
  • Blast injuries: Explosions from devices like bombs or incidents like gas leaks can cause traumatic brain injuries due to shock waves and flying debris. Blast injuries were a major cause of TBIs for military personnel in Iraq and Afghanistan.

The severity of a traumatic brain injury can range from mild to severe based on factors like the extent of damage, loss of consciousness duration, and post-injury symptoms.

Even mild TBIs need proper treatment and sometimes result in long-term cognitive or physical impairments.

More severe traumatic brain injuries may cause permanent disabilities requiring ongoing care and support.

How A Traumatic Brain Injury Lawyer Can Help Your Case

If negligence played a role in the incident that caused your traumatic brain injury, such as a dangerous road condition in a car crash or an employer’s safety violations leading to a workplace accident.

A personal injury lawyer focused on brain injury cases can pursue compensation on your behalf through a lawsuit. Here are some of the key ways a TBI attorney can help:

How A Traumatic Brain Injury Lawyer Can Help Your Case

Investigate The Cause Of The Injury

A skilled Traumatic Brain Injury lawyer will thoroughly research the incident using techniques like reviewing police reports, conducting witness interviews, and hiring accident reconstruction experts.

This fact-finding aims to determine if another party failed to use reasonable care, causing the injury.

File A Lawsuit Against Liable Parties

If liability seems clear, the attorney will file a personal injury lawsuit against those responsible, such as a negligent driver or property owner.

This prompts the at-fault parties to either settle or have the claim resolved in court.

Negotiate A Settlement

In most cases, the Traumatic Brain Injury lawyer represents the injured client in settlement negotiations with insurance companies.

An experienced TBI attorney understands the long-term costs of brain injuries and fights for a fair resolution.

Prepare For Trial If Needed

Some cases don’t settle and require a trial. The Traumatic Brain Injury lawyer selects an expert trial team, presents evidence demonstrating liability and damages, and argues the case to obtain maximum compensation through a court judgment if warranted.

Ensure Proper Use Of Funds

Brain injury settlements can be large sums since care often lasts decades. The attorney ensures monies go toward medical treatment, lost wages, counseling, home improvements, and lifetime care – not others’ use.

Assist With Ongoing Case Management

Some brain injury clients need representation for Social Security disability applications or appeals later. An established traumatic brain injury lawyer remains involved as long as needed.

Types Of Damages Recoverable From A Personal Injury Lawsuit

The damages a TBI lawyer seeks include compensation for:

Types Of Damages Recoverable From A Personal Injury Lawsuit
  • Past and future medical bills – which can reach millions for severe TBIs requiring lengthy rehabilitation or lifelong care.
  • Lost wages or earning capacity – if the injury prevents returning to previous employment.
  • Pain and suffering endured.
  • Loss of enjoyment of life due to functional impairments.
  • Caregiver costs – if round-the-clock assistance will be needed.
  • Other expenses like home/vehicle modifications.

Winning a traumatic brain injury case ensures funds exist to pay for a better quality of life and long-term recovery than might otherwise be possible alone.

An attorney experienced in handling TBI claims maximizes the value of each case component.

Choosing An Experienced Traumatic Brain Injury Lawyer

When selecting representation, look for a Traumatic Brain Injury lawyer who focuses solely on brain injury and has successfully handled many previous similar cases.

Choosing An Experienced Traumatic Brain Injury Lawyer

Ask about their specific experience, results obtained, and TBI case resolution rates. Check online reviews from former clients too.

Sign with an attorney committed to your recovery and prepared to fight vigorously for fair compensation. Qualified traumatic brain injury lawyers work on contingency, so there are no upfront legal fees if the case is lost.

Frequently Asked Questions

Do I need to pay an upfront retainer?

Most personal injury lawyers who handle traumatic brain injury cases work on a contingency fee basis, meaning you pay no legal fees upfront. The attorney only gets paid a percentage if your case is successfully settled or won at trial.

How long does a TBI case typically take?

The resolution timeframe can vary significantly depending on the complexity of the case. Many brain injury claims are settled within 1-2 years, while some may require 3-5 years if they go to trial. The attorney will provide a realistic timeline.

Will the lawyer meet with my doctors?

Absolutely. Part of the preparation involves the attorney consulting with your medical providers to thoroughly understand your injury diagnoses, treatments, prognosis, and projected costs. This informs the strength of your claim.

What if I have ongoing or future medical costs?

A skilled Traumatic Brain Injury lawyer structures settlements or judgments to ensure funds are available not just for current bills but for predicted needs for years. Structured settlements can generate lifelong tax-free income for care.

How is the attorney’s fee determined?

In most states, contingency fees for personal injury cases are capped at around 33%. So if your claim settles for $100,000, the traumatic brain injury lawyer would receive approximately $33,000 and you keep $67,000.

What happens if I change my mind about pursuing a claim?

You have the right to end representation at any time. However, terminating an active case you already spent time building could forfeit chances at compensation for your injury. Discuss expectations thoroughly.

If my case goes to trial, do I have to pay additional legal fees?

No, the contingency fee arrangement covers taking a case through a trial if needed. You pay no extra legal costs beyond the contingency percentage if you win a judgment at trial.

How can a Traumatic brain injury lawyer help if I’m also filing for disability benefits?

A traumatic brain injury lawyer’s medical experts and law team can assist with the disability application and appeals process by substantiating the functional impairments due to your injury. This coordination increases the chances of obtaining these additional benefits.

What if the liable party won’t admit responsibility or settle?

Established personal injury attorneys have strategies for applying pressure even on uncooperative insurance companies or defendants.

This may include filing lawsuits to compel depositions, gathering further evidence, or discussing settlement on the courthouse steps on the day of trial. The goal is still resolution, not litigation.

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