How to File a Serious Brain Injury Claim
Brain injuries are a common occurrence, but they can have a severe impact on your quality of life. They can cause problems that may last a lifetime, or even longer. That is why it’s important to take action when you suffer a serious brain injury, and get compensation for the impact it has on your life.
How to Get Compensation for a Serious Brain Injury
If you have been injured as a result of someone else’s negligence, you could be eligible to receive compensation. This includes monetary awards for the physical, financial, and emotional damages you have suffered as a result of your brain injury.
The first step in filing a serious brain injury claim is to hire an experienced personal injury attorney. They will understand the specific laws of your jurisdiction and help you prove the other party’s negligence. They will also be able to negotiate with your insurance company to reach an equitable settlement.
Next, your lawyer will need to gather evidence of the accident and your injuries. This can include medical records, photographs, and witness statements. They will also need to gather information about any future treatments you may need.
They will need to prove that the accident caused you damages, such as lost wages, medical expenses, and pain and suffering. You may be able to recover a portion of these costs from your insurance company, but you can also seek out additional compensation through a lawsuit.
In addition to proving that the other party’s negligent actions caused your injuries, you may be able to obtain punitive damages for their egregious conduct. This type of award is meant to punish the defendant for their actions and is often used as leverage during insurance negotiations.
Damages depend on the severity of the injury. A mild head injury will result in short-term expenses, while a serious brain injury will leave you with ongoing issues for years to come.
The damages you may be able to recover in a serious brain injury case include medical bills, loss of wages, and other costs. You may also be able to claim for psychological therapy and rehabilitation services.
If you are a military serviceman or woman, you might be eligible to receive benefits through the Veterans Administration (VA). In order to qualify for these benefits, you need to provide proof that you suffered a serious brain injury during your time in the military.
This can include a copy of your DD214 form. It can also be useful to provide your doctor with a written report that documents any problems you may be having as a result of your injury, such as concussions or PTSD.
You can file a serious brain injury claim by hiring an experienced lawyer and establishing the negligence of the other party. This can be done by proving that they had a duty of care, breached that duty, and that their failure to do so caused your injuries.
There are four elements to a successful injury claim: negligence, intentional wrong, strict liability, and special damages. Defendants must be found to be negligent in each of these areas. If you are unable to prove any of these elements, your claim will likely be rejected by the jury or the insurance company.