Filing a Personal Injury Claim for a Traumatic Brain Injury
A victim of a traumatic brain injury may have the right to hire an attorney, explore their legal options, and pursue compensation for their injuries and other damages. The attorney can review the case, establish fault and liability, and calculate how much the client’s case is worth.
By working with an attorney, a client may have the legal leverage they need to negotiate a fair settlement with the insurance company. Furthermore, a legal team can prepare and submit the claim, manage the case, and engage with all relevant parties while the client is in recovery.
Damages in a Traumatic Brain Injury Case
A catastrophic injury such as head trauma can lead to a wide range of financial losses, as well as physical and emotional distress. Damages a victim may be entitled to claim may include:
Brain injuries are often terminal, leading to a lifetime of medical bills. Expenses may include emergency care, surgeries, hospital stay, rehabilitation, and in-home care. The victim may also have to pay for adjustments in living due to partial or full disability.
Lost income can range from lost wages during recovery to diminished earning capacity. A victim may be entitled to disability pay or benefits. An attorney can work with the employer to determine the client’s total lost income.
Pain and Suffering
In addition, to financial compensation, a person who has experienced a traumatic brain injury may experience severe physical pain and emotional trauma from the accident. While these damages are hard to calculate, legal counsel can estimate the value of the losses and apply them to the claim.
In a wrongful death case, the family of the deceased may be entitled to compensation for death-related expenses such as burial/funeral costs or pre-death medical costs. The family may also claim loss of household income or pain and suffering of the deceased prior to death.
How a Personal Injury Attorney Can Help the Victim of a Brain Injury
A personal injury case involving head trauma can be complex. The victim must prove that the at-fault party’s negligence led to their injuries and subsequent damages. If the victim or their family is unfamiliar with Florida laws or how to navigate the legal system, pursuing compensation can be an uphill climb.
A traumatic brain injury lawyer in Tampa, FL can help a client in several ways including:
- Provide legal consultation throughout litigation
- Investigate the claim to uncover the facts of the accident
- Obtain evidence from eyewitnesses, medical reports, or video footage
- Calculate damages to determine the value of the case
- Negotiate a settlement with the insurance company
If necessary, an attorney can also represent the client in court if they wish to file a lawsuit against the negligent party.