Any incident can lead to a brain injury. In this article, you will get to know about the brain injury claims: understanding the process.
You may have been involved in a construction accident, a slip and fall at work, or an auto accident. All of these can lead to minor injuries such as scratches and bruises or major ones such as spine damage or brain injury.
If you or a loved one has suffered from traumatic brain injury due to another party’s negligence, you may be liable to claim financial compensation.
Here’s an explanation of the whole process.
Who Can Make a Brain Injury Claim?
Before we begin the process of explaining how to make a claim, you need to be able to understand what a traumatic injury is and who can make a claim. A traumatic injury claim can be made when your injury results from someone else’s actions or negligence.
The negligence of another party can involve many factors such as the negligence of a car driver to follow traffic rules, the negligence of a company to provide their workers with appropriate safety wear, negligence of a party to create a safe working environment, negligence of the government to provide safe roads, and much more. Understanding which party is liable and who to pursue in court can be determined by the help of an expert personal injury lawyer.
Many people usually get injured during:
- Road accidents
- Workplace accidents
- Criminal assault
- Due to medical negligence
- Accidents in a public place
A traumatic injury usually means that a person loses their mental capacity to make their own claim. In this case, a ‘litigation friend’ steps in, usually a family member.
Hiring a Personal Injury Lawyer
The first thing you need to do is hire a personal injury lawyer who specializes in brain injuries. Since personal injury law is such a vast field, you need to ensure that you get the most experienced lawyer specializing in the claim you’re making. A personal injury lawyer will be able to fight for economic damages, including medical bills, property damage, lost wages, and non-economic damages such as pain and anguish, mental suffering of the plaintiff, reduced quality of life, and much more.
A plaintiff doesn’t receive any compensation in most personal injury cases until after the case is won. Medical treatment is often provided on a lien basis, which is then paid off once the case has been concluded.
For worker’s compensation cases, an insurance company can deny claims, after which a personal injury lawyer handles the case. Depending on the injury, you may be liable to receive payments for permanent disability for the remainder of your life and is usually 2/3 of your weekly salary. Medical care costs are not deducted from your settlement amount.
The first step is filing the case under Alabama law. In this case, either your claim will be accepted or denied. For disputed claims, you’ll have to show that your injury resulted from the negligent party or occurred due to or during employment.
Duration of Case
The case duration of traumatic brain injury is usually longer than other personal injury claims since it involves a host of complicated factors. Typically taking anywhere between eighteen months and two years to conclude, hiring an expert and experienced personal injury lawyer should be your top priority if you wish to receive a fair settlement.
Traumatic brain injuries take a while to develop and discover. If a case is concluded too early on, then fair compensation may not be provided since the condition can worsen in the future. Usually, cases have the potential to be settled once treatment is over or once a medical professional deems that the plaintiff is fit enough. The medical professionals dealing with your injury will also determine what long-term medical needs you may have. Your personal injury lawyer will work closely with these professionals to ensure that you receive fair financial compensation for your medical bills.
In terms of a worker’s compensation case, the disability claim will be taken into account with your average weekly wage, allowing you to calculate the total amount that you will be receiving.
However, it is essential to remember that the state of Alabama places restrictions on how long you can wait until you make a claim. Typically, you have three years to start the process— however, there can be certain exemptions. Children can make a claim at any point until they turn 21 for criminal assault, the limit is two years, and there are no limits for those who lack mental capacity.
A number of things will determine your case value. Brain and traumatic brain injury compensation are calculated depending on individual circumstances, which is why it’s crucial to hire an experienced personal injury lawyer to help you with your case.
The monetary value is taken through the gap between a predicted life path before the injury and the actual life path after the injury.
As mentioned before, the economic damages that your personal injury lawyer will claim include medical bills and lost wages. In contrast, non-economic damages include loss of consortium, distress, pain, and suffering incurred by the plaintiff and their family members. Punitive damages are often awarded in exceptional circumstances and are a means to punish the negligent party.
Hire Professional Lawyers
Hare | Wynn, Newell & Newton is a law firm based in Birmingham, Alabama. With a team of highly experienced and professional lawyers, they deal with many personal injury cases such as brain injuries, birth injuries, catastrophic injuries, medical malpractice, medication error, and more.
Get in touch with them to find out more about what they do.