Law

What You Need To Know Before You File A Traumatic Brain Injury (TBI) Claim

 If you or your loved one has suffered serious head injuries after a motor vehicle accident, you may be on your path to developing a severe traumatic brain injury. In such a case, not only will you need proper medical care to save your life, but will need to be financially stable to cater to your huge medical needs. In this article, everything knows about the Traumatic Brain Injury Claim.

Therefore, you will need to file a claim to get compensated. Before filing the claim, you need to be aware that getting compensated for TBI is a long, tough journey that requires one to be legally equipped.

  Navigating Your Traumatic Brain Injury Claim

Brain injuries can result from any accident such as slip and falls, car accidents etc. When injured, filing a claim is the only best thing to do. However, the process is never easy, even if you are sure about liability.

That’s why brain injury victims choose to be represented by the best Bakersfield personal injury lawyer in such matters. To secure your brain injury legal rights, medical care has to be initiated following the accident.

If you’re contemplating filing a claim, then you can consider the below points:

Understand the legal basis of your claim.

  • As a plaintiff, you must be aware of the cause of action according to the law that will help you establish facts related to your claim. When able to gather evidence of how the defendant was liable for your injuries, you can expect the compensation you deserve. The claim must be based on negligence, As such, you need help to establish that:
  • The defendant had a duty of care and was supposed to protect you against your brain injuries.
  • The defendant was not sufficiently careful and their conduct led to your injuries. Here, the law is concerned with the defendant’s conduct and compares what another person would have to behave given a similar situation.  
  • You suffered brain injuries. You must produce accurate evidence of how you suffered due to the defendant’s negligence. For instance, you can prove that during the accident, you suffered from whiplash injuries that caused your brain to be bruised, and this led to brain damage.
  • Due to the damages, you suffered losses. Losses may include medical costs, lost income, and emotional anguish due to the pain.

Your losses have to be linked with the car accident. For instance, proving that the defendant was under the influence may not hold water in your lawsuit. You will have a tougher time getting the correlation between your accident and injuries. That’s why you may choose to have an experienced lawyer handle your case.

Gather enough evidence:

TBI can result from blunt, which could cause a non-penetrating injury, quick head acceleration leading to penetrating injury, or blast injury. It‘s difficult for any layman to prove how their TBI may be caused by such impacts.

Thus, one may need a medical expert to show whether their TBI was from a direct result of a traumatic event or there was a cascade of events for weeks that the injury.

 When gathering evidence your lawyer may be concerned with how you suffered such injuries. Thus, he/she may ask:

  • How the accident occurred
  • The events that led to your injuries
  • The medical treatment you received

 It’s vital to ensure you give honest answers. This will help your lawyer get accurate details to obtain evidence to help boost your claim. 

Getting Proper Medical Care

Documenting your injuries becomes easy if you got the necessary medical care after your car accident. While you may have received your treatment to secure compensation, your health comes first.

Unfortunately, not everyone involved in an accident is aware of the injuries they have suffered. this is especially those that take time to appear. For instance, for a victim who suffered from whiplash, symptoms may appear with hours, others may take a few days while some symptoms may appear after several weeks. One reason is that the body quickly responds to pain signals and produced endorphins that mask such pain until one relaxes from the stressful situation.

 If you have symptoms, you should see your doctor as soon as possible. That way, you not only secure your compensation but get your health issues prioritized. 

 It’s also important that you follow your doctors’ instructions to the letter; insurance companies are always on the lookout for minute issues to lower your settlement value.

 Speak To A Lawyer

 Traumatic Brain Injury Claim proves to be among the toughest in civil law. Thus, it would be a good idea to have a personal injury lawyer handle your TBI case. 

the above factors in mind, you can have a less tough process as you fight for your brain injury compensation.

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