Some of the reasons why you need a traumatic brain injury lawyer are to gather evidence, prove fault, and understand the long-term implications. A traumatic brain injury occurs when there is damage to the tissues of the brain, either through a penetrating injury that breaks the skull or due to the rapid movement of the brain within the skull.
These injuries range from mild to severe, with some improving and others leading to catastrophic injuries. A Charlottesville brain injury lawyer can help if someone else caused these injuries to you.
1. Catastrophic Injuries Are Common
In a traumatic brain injury, there is damage to the brain tissue, which may or may not heal fully. In many situations, these injuries cause permanent damage to the tissue, and that leads to catastrophic injuries. Those injuries may never improve, and they may impact every facet of your life.
These injuries may include changes or full loss of communication skills, changes to behavior, emotional trauma, cognitive changes, and changes to mobility. Because the brain controls every other component of your body, the potential outcome can be devastating when substantial injuries occur.
Victims who suffer catastrophic injuries – or those that will not improve fully – deserve fair compensation for the losses they have suffered. This includes immediate medical care, but also pain and suffering, emotional trauma, and impact on quality of life. By working with a traumatic brain injury lawyer, you are more likely to recover the fair compensation owed to you in these complicated cases.
TBI claims are different than just about every other type of case. If you have a TBI, you need an attorney who has the proven experience to handle these types of claims.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
2. Proving Fault Is Critical
Another of the most important reasons to hire a traumatic brain injury lawyer is that you, as the victim, must prove fault. That means you must demonstrate that another person was negligent and that negligence caused your injuries and losses. Your traumatic brain injury attorney will help you demonstrate negligence by focusing on gathering evidence for all four of the critical elements to do so:
- Duty of care: Demonstrate that the other party owed you a responsibility and expectation of being safe
- Breach of the duty of care: In some way, the other party breached the duty of care, such as violating the law or failing to warn of risks
- The breach caused the accident: There must be a clear link between their breach of the duty of care and the accident you suffered
- The accident caused losses: You must be able to show the monetary and physical losses caused by the accident
Your Charlottesville personal injury lawyer will evaluate your case and build a clear indication of fault based on the evidence available. In many situations, it can prove to be critical to have an attorney who will navigate all four steps to minimize the risk of insurance claim denials. Meeting the expectations of the insurance company is not easy.
3. Gather Evidence From the Accident
Your traumatic brain injury attorney will pursue comprehensive evidence that demonstrates two critical elements: who is at fault and what your losses are. In each of these cases, your attorney must take into consideration the evidence available that demonstrates any potential outcome. Evidence in these cases may include:
- Images or videos that show what occurred
- Documentation from doctors that shows the extent of damage
- Expert witness testimony that indicates the details of the losses suffered
- Accident reconstruction legal support to determine what happened to cause the accident
- Statements from those involved, as well as witnesses
Each type of case is a bit different, but your traumatic brain injury attorney will need to have robust evidence to back up your claims and make sure the insurance company provides fair compensation for your losses. If you do not have an attorney, you must be able to navigate this process yourself so that you can hold those who hurt you accountable.
4. Understanding Long-Lasting Impact
Almost always, traumatic brain injuries cause substantial injury to brain tissue. One of the factors that makes this a challenging personal injury case is that it is not always possible to know if the brain will heal or what type of ongoing damage will remain. Even if full recovery is expected, you may still need your attorney to help you navigate losses such as:
- Knowing how long you will be unable to work
- Exploring the impact on behavioral changes, not just physical limitations
- Implications for the type of work you are doing or could go back to doing
- Limitations on mobility that could impact every facet of your life
- Factors related to communication, behavior, and overall lifespan
You may not know what your future is, and that makes it nearly impossible to fully document your losses so you can file a claim. The difference here is that your attorney will be able to use medical experts and cases like your own to build a stronger claim and make better assumptions about the long-term implications you are facing. In these cases, you need maximum compensation to minimize future problems.
5. Your Focus Must Be on Your Recovery
Hiring a traumatic brain injury attorney also provides victims with peace of mind. When you hire an attorney to guide your case, you can step away from the legal battle and focus on your recovery instead. In a traumatic brain injury case, letting your brain rest to heal can prove to be critical.
Your attorney will navigate the entire process. That may include investigating the case, gathering evidence of negligence, and building a robust claim that incorporates all of the “what if” outcomes.
The emotional and physical challenge of healing is complex. The more effort and time you can put towards your recovery, the more likely you are to achieve your goals. As the victim, you need to focus on yourself right now and let your lawyer focus on recovering financial losses for you. Review our FAQs to learn more about TBI.
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Why You Need a Traumatic Brain Injury Lawyer: There Is No Cost to Hiring One
Another important and direct reason to hire a traumatic brain injury lawyer is that there is really no reason not to do so. Your attorney will provide you with a free consultation to discuss your case and losses.
You will also be able to answer any questions you may have. Why not hire one? Call MartinWren, P.C., today to speak with an experienced member of our team.
Call (434) 817-3100 or complete a Case Evaluation form
