A severe brain injury can change the course of your life abruptly. Without adequate resources for treatment, the victim may be staring at a low quality of life and permanent disability, among other health complications. When this catastrophic injury results from someone’s negligence, you must hold them financially responsible for the damages you suffer.
Unfortunately, not all victims understand how compensation works in an injury claim. That’s why a Brownsville brain injury lawyer can educate, inform, and advise you regarding your case. Through our no-cost case evaluation at Lone Star Injury Attorneys, we provide our clients with a personalized and in-depth look into their eligibility for compensation.
Because various factors can cause head trauma, it is important to understand several types of claims you can file for compensation. Each is based on the specific circumstances around which you were injured. An experienced brain injury attorney is a great asset in determining the best claim to file for maximum compensation. These types of lawsuits are:
Anyone who suffers serious bodily harm due to the negligence of another party has the right to file a compensation claim. Very often, these claims are settled with insurance companies. You require an assertive catastrophic injury lawyer to help advance your best interests for maximum settlement. In any case, insurance adjusters are known to deny victims their rightful compensation; therefore, you are better off with an attorney.
Unfortunately, some brain injuries are so severe that they result in death immediately after the accident or during the initial treatment. The surviving family members of the deceased or any other legally appointed party may file a wrongful death claim or survival action. Processing these claims can take a toll on the affected parties. A compassionate attorney can help you get the justice you deserve while you focus on the most important thing at the time – grieving.
There are scenarios where a defective product may cause a brain injury. For example, when a defective airbag or trampoline results in injuries, you may sue the product’s manufacturer, distributor, or retailer. Filing a civil case against resourceful manufacturers and insurance companies may be a long call, and your inexperience in such matters may be a significant disadvantage. But to guarantee your best interests, you should let an equally resourceful attorney handle the legal process.
If you suffered harm at the hands of a doctor or medical worker, a medical malpractice claim is possible. But establishing liability requires extensive research and collaborative evidence from expert witnesses. A brain trauma lawyer may join hands with investigating officers, financial and medical experts to mount a strong case against the defendant.
To successfully win and secure compensation in a brain injury lawsuit, you must prove the four basic elements of negligence which are:
Existence of a Duty of Care: The party at fault must have owed you a legal duty of care. For example, drivers must ensure that their actions while in operation do not endanger the safety of other road users, including pedestrians, motorcyclists, and the general public.
Breach of the Duty of Care: If the defendant violated their duty of care, you meet the minimum threshold of an injury claim. Using the earlier-mentioned example, the driver is deemed to have breached their duty of care by speeding, reckless driving, aggressive driving, or driving under the influence of alcohol.
Causation: If the breach of care didn’t cause you harm, your claim may not be feasible. But to recover compensation, you must tie your injuries to that specific behavior from the defendant. For instance, your head injuries must have originated from being hit by a drunk driver and not in any other accident.
Damages: The goal of a lawsuit is to position you where you were before the accident. But there is no better measure than proving the damages you suffered. It could be economic losses such as medical expenses, rehabilitation costs, therapy costs, lost wages, or loss of future earnings. Non-economic damages may cover wrongful death, pain, suffering, and loss of quality of life.
Living with a severe head injury can lower the quality of your life or that of your loved one. They can no longer enjoy things they used to, let alone fend for themselves financially. There is also the expensive medical treatment to address. You, therefore, require an alternate source of finances to help secure their future. This is precisely what a Brownsville brain injury lawyer can provide by helping you pursue compensation through negotiations or a court process. Talk to us today to learn more about your brain injury case.