According to the Center for Disease Control and Prevention (CDC), over 1.5 million people in the United States are treated for both minor and severe brain injuries every year. A majority of these injuries result from car accidents but can be caused by anything from a sporting activity to a slip and fall accident. Unlike other types of injuries, injuries to the brain are often catastrophic. The victim’s way and quality of life is greatly affected, making them dependent on family and friends for survival. Additionally, the costs of treating brain harm are beyond an average person’s reach. Without comprehensive medical insurance coverage, such victims may be restricted from quality and timely treatment. Worse still, some damages to the brain are irreversible.
If your loved one has suffered a brain injury in an accident, all is not lost. You can file a brain injury claim for compensation. Being settled in a catastrophic injury case brings closure to victims, but most importantly, provides for monetary compensation to help them take care of their new financial needs and obligations. Sadly, the process of securing compensation in a brain injury case is not easy. The injured party has so much to prove to secure a settlement. And given that most of them are not physically and emotionally fit to undertake this rigorous legal process, hiring a Galveston brain injury lawyer is inevitable.
Like any other personal injury case, a brain injury claim is based on negligence. It’s assumed that someone failed to maintain their duty of care towards you, causing you harm in the end. A negligence claim requires you and your Galveston brain injury attorney to prove that the defendant contributed to your injury, either directly or indirectly. For example, the defendant could be directly responsible for your brain injury if they hit you in the head as is the case with acts of violence or road rage. Similarly, they could be indirectly at fault through actions such as driving a poorly maintained car which resulted in the crash where you were injured.
Another possible scenario where negligence may play a role in your brain injury is through the use of defective products. Product manufacturers and distributors have a legal duty of care to ensure that their goods are safe for use. If a defective product causes you harm, you may have a claim against any of the parties involved in the chain of distribution. For example, if a motorcyclist suffers brain injury after an accident, he or she may have a product liability claim against the helmet manufacturer.
Treatment for a brain injury can be long-term and expensive. Additionally, claims of this type are often complex. For these reasons, here are some important things you need to know before filing your case:
To prove your case, you will need experts ranging from accident reconstruction experts, doctors, police, and witnesses. You will also need to retain a seasoned Galveston brain injury attorney. You may also require a financial expert to help explain to the judge or jury the financial implications of your injury.
If you sustained a brain injury while in the hospital, you are likely to file a medical malpractice claim. If your injury resulted from a slip and fall accident, your attorney will help you file a negligence claim. Furthermore, if you were injured due to a defective product, you may file a product liability claim.
You don’t have forever to file your brain injury cases. In some states, you have up to one year to file your claim while others allow up to two years. To avoid having your case dismissed, your legal action against the party responsible for your injury should start as soon as possible by retaining a Galveston brain injury attorney.
When hiring an attorney for your brain injury case, you need to understand what you stand to gain from them apart from legal representation. The legal team you choose can make or break your case. At Lone Star Injury Attorneys, we understand the importance of securing maximum compensation for your injuries.
If you strongly believe that someone was responsible for your brain injury or that of your loved one, call our offices today to schedule a one-on-one consultation with our Galveston brain injury lawyers.