What Issues Are Involved in a Brain Injury Claim?

Recovering damages from traumatic brain injuries (TBIs) can be a complex and challenging process, given the severity and long-term consequences of these injuries. TBIs can result from various accidents, including car crashes, falls, sports injuries, and workplace accidents. When pursuing compensation in a brain injury claim, it’s crucial to understand the legal process and the types of damages that may be available to the injured party.

To recover damages for a TBI, it’s essential to establish liability, which means demonstrating that another party’s negligence or wrongful conduct led to the injury. This may involve proving that a driver, property owner, employer, or other responsible party was at fault.

Your attorney will work to gather evidence to support your claim. This may include accident reports, witness statements, medical records, expert testimony, and any available surveillance footage or photographs. The strength of your evidence can significantly impact the outcome of your case.

TBIs can have profound and lasting effects on a person’s life. It’s crucial to document the full extent of the injury’s impact, including medical treatment, rehabilitation, therapy, and any resulting disabilities or limitations. Medical experts may be called upon to provide testimony on the severity and long-term consequences of the TBI.

Types of Damages

One category of damages in TBI cases is economic damages, which aim to compensate the injured party for tangible financial losses. These may include medical bills, rehabilitation expenses, lost wages (both past and future), and the cost of assistive devices or home modifications necessary due to the TBI-related disability.

Non-economic damages are intended to compensate for intangible losses resulting from the TBI. These can be challenging to quantify but may include pain and suffering, emotional distress, loss of enjoyment of life, and the impact on personal relationships. An experienced attorney can help assess and calculate these damages.

In some cases, punitive damages may be awarded to the injured party. Punitive damages are not intended to compensate the victim but are instead meant to punish the at-fault party for particularly egregious or intentional conduct that led to the TBI. These damages are relatively rare and are typically awarded in cases involving extreme negligence or willful misconduct.

Insurance Claims and Negotiations

Your attorney will often negotiate with the at-fault party’s insurance company to seek a fair settlement for your TBI-related damages. Insurance negotiations can be complex, as insurance companies may attempt to minimize their liability. Having legal representation can level the playing field and protect your rights.

If negotiations do not result in a fair settlement, your attorney may advise filing a lawsuit to pursue your TBI claim in court. The litigation process can be lengthy, involving discovery, depositions, and courtroom proceedings. A trial may be necessary to secure the compensation you deserve.

Contact Our Office Today

If you or a family member have suffered a brain injury due to someone else’s negligence, contact an experienced Virginia Beach brain injury attorney to find out what compensation you may be entitled to for all the losses you have suffered because of the injury. Contact Shapiro, Washburn & Sharp today to schedule a free and confidential consultation. We also provide a free brain injury guide that can help answer some of your questions regarding TBI and injury law.