Key Considerations For TBI and Personal Injury Claims

Brain Injury Lawyer

Personal injury claims are a typical legal process for victims to receive compensation for the damages they are facing; however, as a brain injury lawyer will share, a traumatic brain injury (TBI) can be an injury that results in long-lasting consequences. A TBI occurs when there is a sudden impact or jolt to the head, causing damage to the brain. These injuries can range from mild concussions to severe, life-altering impairments. If you or a loved one has suffered a TBI due to someone else’s negligence, our team at Blitz Law Group, LLP victims to know that several key steps must be taken when pursuing a personal injury claim:

Step 1: Seek Immediate Medical Attention

Following an accident, seeking medical care as soon as possible will be imperative, especially in situations where a head injury is suspected. Even seemingly mild concussions can have underlying severe complications. Prompt medical evaluation ensures your health and safety and provides documented evidence of the injury, which will be essential for your personal injury claim.

Step 2: Document the Incident

Should the victim choose legal action for damages, evidence will be crucial to a successful case outcome. Because of this, victims should gather as much evidence as possible about the accident that resulted in injuries. Take photographs of the accident scene, obtain witness statements, and preserve physical evidence. This documentation will help establish liability and support your case during negotiations or in a court of law.

Step 3: Consult with an Experienced Brain Injury Lawyer

Personal injury cases can quickly become complex, and when recovering from injuries, especially those surrounding a TBI, victims may become easily overwhelmed. An experienced lawyer who understands the complexities of brain injuries and TBIs can play a crucial role. They can assess the merits of your claim, guide you through the legal process, and advocate for your rights, ensuring you receive the compensation you deserve.

Step 4: Assess the Damages

Victims of traumatic brain injuries can be impacted significantly, finding that nearly all aspects of their lives are affected, which may result in physical, emotional, and financial damages. A lawyer can help you assess the full extent of the damages, including medical expenses, rehabilitation costs, lost wages, pain and suffering, and long-term care needs. It’s essential to consider the injury’s immediate costs and potential long-term consequences.

Step 5: Proving Negligence

Establishing negligence is one of the most critical steps to a successful personal injury claim. In matters involving brain injuries, the victim and their lawyer must prove that the other party had a duty of care, breached that duty and that breach directly caused your injury. This may involve gathering evidence, interviewing witnesses, and consulting medical experts to establish a causal link between the incident and the injury.

Step 6: Negotiating with Insurance Companies

It should come as no surprise that many insurance companies will try to pay out as little as possible by diminishing injuries and attempting to blame the victim. When dealing with a TBI, insurance adjusters may attempt to downplay the severity of the injury or deny the claim altogether. A lawyer can play a crucial role by negotiating with the insurance company on their client’s behalf, working to secure fair compensation.

Traumatic brain injuries are life-altering and can severely impact the life a person once lived. As a result, the victim may suffer physically, emotionally, and financially. A lawyer can help clients understand the legal process, protect their rights, and seek fair compensation.