Brain injuries may result from a number of situations, such as medical malpractice, accidents, abuse and assault. When a brain injury was caused by someone else’s negligence, there may be grounds to file a personal injury case to receive compensation for medical bills, pain and suffering and loss of quality of life. The legal process surrounding such claims is complex. Therefore, it is advisable to consult a brain injury lawyer as soon as possible.
Identifying Brain Injuries
When the head is struck, many different kinds of injury can result. For the safety of the victim it is critical to understand what to look for when a person hits their head. Any signs that could be cause for alarm should be taken seriously.
It should never be assumed that because a person appears to be fine that he or she is actually unharmed. People who have injured their head should be supervised for several hours after the injury occurred. If it appears to be serious or the person is complaining of any pan, they should receive immediate medical attention.
Causes of Action
The grounds for filing a legal claim or brain injury lawsuit depend upon how the incident occurred and if it was the result of any form of negligence by another person or entity. Anyone who is uncertain if this is the case should discuss the matter with a brain injury lawyer. Most often, person injury attorneys offer a free consultation.
Prior to discussing the situation with legal counsel, gather all of the information concerning the injury. For example, what was happening at the time of the injury, the location, time of day, who was present and any medical diagnoses.
To file a claim, your brain injury lawyer will need to present proof which will include all of the details. Even the most minute fact could be essential to the case. Therefore, record all of this information to have ready when you speak with counsel. To the extent possible, be prepared to present any medical records to the attorney when you meet with him or her.
In the meantime, keep a detailed log of everything concerning the incident including symptoms, pain and suffering, costs and anything else that has changed as a result of the injury.
Brain Injury Lawyers
Finding an attorney can be a daunting task. However, there are some resources to consider such as:
Personal recommendations and referrals
Local bar association
American Bar Association (ABA)
Online lawyer referral databases
When you narrow down a few lawyers to speak with be prepared with your list of questions for the consultation. Find out about their experience level with brain injuries such as yours and what types of favorable settlements were achieved. Ensure that any brain injury lawyer hired is licensed to practice in the state where the incident occurred.
The Legal Process
Understand that your case could settle out of court or go to trial. In many cases, defendants prefer to settle due to the high cost of litigation. Whether this occurs will be dependent upon the type of case you have and each defendant involved. However, before your lawyer may enter into any form of settlement agreement, you must also agree in writing and waive the right to bring further legal action.
Because there are statues of limitations involved that could prohibit or hamper a claim or lawsuit, anyone who suspects that a brain injury occurred as the result of negligence should contact competent brain injury lawyers immediately.