Brain Injury Claim FAQs

Brain injury claims and lawsuits are complex legal cases that arise when an individual suffers a brain injury due to the negligence of another person or entity. These types of cases involve a wide range of legal issues and can be very challenging to navigate. The following are some frequently asked questions our personal injury lawyers hear from clients and their families.

What is a brain injury claim?

A brain injury claim is a legal action that seeks to hold a person or entity responsible for a brain injury caused by that party’s negligence. The purpose of the claim is to recover damages to compensate the injured person for their losses, including medical expenses, lost wages, and pain and suffering.

What are some common causes of brain injuries in accident claims?

Brain injuries can result from a variety of causes, including car accidents, pedestrian accidents, motorcycle accidents, slip and fall accidents, medical malpractice, and sports-related injuries.

Who can file a brain injury claim?

The person who has suffered a brain injury can file a claim, or in some cases, their family members may file the lawsuit on their behalf if the victim has been left permanently disabled and unable to act on their own behalf.

What kind of damages can be recovered in a brain injury claim?

Damages in a brain injury claim can include medical expenses, lost wages, pain and suffering, and emotional anguish. In cases where the brain injury results in permanent disability, the victim may also be entitled to damages for loss of future earning capacity, future medical expenses, loss of life enjoyment, and more.

How long do I have to file a brain injury claim?

The statute of limitations for filing a brain injury lawsuit varies by state. In Virginia, the victim has two years from the date of the injury, while in North Carolina, the statute is three years. There are some factors that may have an impact on the statute of limitations, so it is important to consult with an attorney as soon as possible after the injury to protect your right to pursue damages.

How can I prove negligence in a brain injury claim?

To prove negligence in a brain injury claim, the victim must show that the defendant had a duty to exercise reasonable care, that the defendant breached that duty, and that the breach caused the brain injury which resulted in the losses the injured person has sustained. This can be done by gathering evidence such as accident reports, eyewitness testimony, medical records, and more. Your attorney will work diligently to get the evidence needed to prove your case.

Do I need an attorney for a brain injury claim?

It is highly recommended that you seek the assistance of an experienced personal injury attorney if you are considering a brain injury claim. These cases can be very complex, and an attorney can help you navigate the legal process, negotiate on your behalf with the insurance company, and ensure that you receive the maximum compensation for your injuries.

How long does a brain injury claim take to resolve?

The length of time it takes to resolve a brain injury lawsuit can vary depending on a number of factors, including the complexity of the case and whether or not it goes to trial. Your personal injury attorney will evaluate your case and provide an estimated timeline, as well as what issues may arise.

Can a brain injury claim be settled out of court?

Yes, brain injury claims can be settled out of court through negotiations between the parties involved. In fact, the majority of personal injury cases never make it to trial because the parties are able to negotiate a fair and just settlement for the victim. Your attorney will make sure that any settlement offer fully compensates you for your losses.