What you need to know
Should you talk with an attorney about filing a brain injury lawsuit? There’s not an easy ‘yes’ or ‘no’ answer. A traumatic brain injury impacts not only the injured person but also his or her family. Costs associated with brain injuries include initial medical care, in-patient rehabilitation, out-patient rehabilitation, neuropsychological treatment, lost wages, lost ability to work, and numerous others.
If you believe you’re entitled to financial compensation due to the facts and details of your loved one’s brain injury, it’s important to consult an experienced, proven attorney.
4 things about a brain injury lawsuit
Brain injury lawsuits are like other personal injury lawsuits in many ways, but they have certain important characteristics:
1.You have limited time to file a suit. The time you have to file a brain injury lawsuit depends on the details surrounding the injuries and the integrity of supporting evidence available. In some states it can be as little as one year, in others you may have a little more time. If you think you’re eligible for compensation, contact a lawyer as soon as possible.
2. How the brain injury occurred determines the type of lawsuit filed. Imagine you sustained a brain injury due to a faulty airbag or maybe your kid’s new swingset collapsed, causing the injury. Your attorney may find that a product liability lawsuit is the best course of action. But if you sustained the injury by slipping on a wet floor at the grocery store, or in a car accident, your brain injury lawyer might file a negligence lawsuit. What if the injury occurred while under a doctor’s treatment? Then your attorney would probably choose to file a malpractice suit.
Each of these types of lawsuits must follow a certain set of rules. Your brain injury attorney will have the knowledge to decide which type will result in you getting the compensation you deserve.
3. The purpose of the lawsuit is to make the injured person whole again. Brain injuries often alter the course of a person’s life trajectory. When your attorney files a brain injury lawsuit on your behalf, her intention is to return you to the place you were in before the accident. In other words, she seeks to put you in the position you would have been in if you had not had the accident. Since there’s no way to reverse the damage from the brain injury, successful personal injury lawsuits result in monetary compensation for the injured and, often, his or her family.
4. If your case goes to trial, your attorney will call on expert witnesses. If your brain injury lawsuit ends up going to trial (i.e. you don’t settle out of court), your lawyer will rely on numerous expert witnesses to strengthen and prove your case. She may call on medical doctors, forensic automobile accident specialists, financial experts to estimate lost earning potential, product design engineers, or any other expert who can help prove your claim. These experts show how the injury impacts your life today and how it will impact your life ongoing into the future.
Personal injury lawsuits, especially those involving brain injuries, have many more components to them. An attorney like Kathryn Burmeister will sit patiently with you and explain each step in the process, so you understand exactly what will happen next. To learn more about your rights if you or a loved one has suffered a brain injury, call Burmeister Law Firm and schedule a consultation with Attorney Burmeister. Your consultation is always free and without obligation.