Brain Injury Archives

How Much Will I Get for Pain and Suffering After a TBI?

Written by rankings on November 15, 2024. Posted in Blog, Brain Injury.

Traumatic brain injuries (TBIs) often occur in motor vehicle collisions due to sudden impacts, causing the brain to collide with the skull. TBIs can happen in various ways, such as from hitting the steering wheel or being jolted during a crash. Compensation for pain and suffering from a TBI can vary widely, typically ranging from thousands to millions of dollars, depending on the injury’s severity and its effect on an accident victim’s daily life.

A skilled North Port TBI lawyer can gather evidence for your case, negotiate with insurance companies, and ensure that all aspects of your suffering are considered. They can also assess the full extent of your damages, advocate for your rights, and work to obtain the full compensation you deserve for your TBI.

Get A Free Consultation

North Port TBI Guide

Types of Accidents That Cause TBIs
Common Types of Medical Treatment for TBIs
Proving the Elements of a Motor Vehicle Accident Case Involving a TBI
Recoverable Pain and Suffering Compensation for a TBI
Successfully Litigating a Personal Injury Case Involving a TBI
Talk with an Experienced Personal Injury Attorney Today

Types of Accidents That Cause TBIs

TBIs can result from various types of accidents, often due to the negligence of others.

Car accidents are one of the most common causes of TBIs. When drivers fail to follow traffic laws, such as by speeding or driving under the influence, they increase the likelihood of collisions. A sudden impact can cause the brain to jolt within the skull, leading to concussions or more severe injuries.

Truck accidents pose a greater risk due to the sheer size and weight of commercial vehicles. When truck drivers neglect safety regulations, such as adhering to weight limits or driving long hours without rest, they can create hazardous situations on the road. The impact from a truck can be catastrophic, often resulting in severe TBIs for occupants of smaller vehicles.

Pedestrian accidents also highlight negligence on the part of drivers. Distracted driving, such as texting while behind the wheel, can lead to collisions with pedestrians crossing streets. The injuries sustained in these accidents can be devastating because pedestrians lack the protection that vehicles provide. TBIs are common among pedestrians struck by cars, especially when the impact occurs at high speeds.

Motorcycle accidents are also frequently linked to negligent driving behaviors. Motorcyclists are particularly vulnerable because they lack the safety features found in cars. When drivers fail to see motorcyclists or make sudden lane changes without checking blind spots, the consequences can be dire. A fall or collision can lead to significant head injuries, even if the rider is wearing a helmet.

Bicycle accidents are similarly dangerous, especially in urban environments where cyclists share the road with vehicles. Negligent actions by drivers, such as opening car doors without checking for cyclists or failing to yield at intersections, can result in serious accidents. Even with safety gear, cyclists can suffer from TBIs when a vehicle strikes them.

Finally, bus accidents, which may involve school buses or public transportation, can cause significant harm. When bus drivers operate recklessly or fail to adhere to safety protocols, passengers can become seriously injured. The large number of individuals on board increases the potential for traumatic brain injuries.

Common Types of Medical Treatment for TBIs

TBIs sustained in motor vehicle crashes can vary significantly in severity and type, requiring a range of medical treatments.

Initially, emergency medical care is vital. Upon arrival at the hospital, patients may undergo imaging tests, such as CT scans or MRIs, to assess the extent of the injury. These scans help identify bleeding, swelling, or fractures in the skull, which are critical for determining the next steps in treatment.

For concussions, which are likely the most common type of TBI, treatment may involve rest and monitoring. Accident victims are typically advised to limit physical and cognitive activities to promote healing. Over-the-counter pain relievers like acetaminophen can help manage headaches, while medical professionals may recommend follow-up appointments to monitor recovery.

In cases of moderate to severe TBIs, more intensive treatments are often required. If there is significant bleeding or swelling, neurosurgery may be necessary, which can involve procedures to relieve pressure on the brain or repair skull fractures. Sometimes, a craniotomy is performed, where a section of the skull is removed to allow for swelling or to address bleeding.

Following surgery, rehabilitation becomes a vital part of the recovery process and may include physical therapy to improve motor skills and strength, occupational therapy to assist with daily activities, and speech therapy if language or communication abilities are affected. Rehabilitation is tailored to the accident victim’s needs and can be an extensive process, often lasting months or even years.

Medication is also an essential component of treatment for TBIs. Patients may be prescribed anticonvulsants to prevent seizures, which can occur following a brain injury. In addition, medications to manage mood swings, depression, or anxiety may be necessary as emotional and psychological effects are common following a TBI.

Cognitive rehabilitation is another important aspect, focusing on improving memory, attention, and problem-solving skills. Neuropsychologists often guide this process, helping accident victims regain cognitive functions that may have been impaired.

Each treatment plan is unique, reflecting the specific needs and circumstances of the injured person. As part of a personal injury claim or lawsuit, accident victims can recover compensation for both past and future medical care related to their TBI.

Proving the Elements of a Motor Vehicle Accident Case Involving a TBI

Proving the legal elements of a motor vehicle accident case involving a TBI requires a thorough understanding of negligence, which is the foundation of personal injury claims. To succeed in such a case, the injured party (plaintiff) must establish four key elements: duty, breach, causation, and damages.

Duty of Care – The first element involves demonstrating that the at-fault party (defendant) had a legal obligation to drive safely. All drivers owe a duty of care to others on the road, which means they must follow traffic laws and drive responsibly. This duty applies to all road users, including drivers, pedestrians, and cyclists.

Breach of Duty – The second element is proving that the defendant breached this duty of care. A breach occurs when a driver fails to act in a reasonable manner, leading to an accident, which can include actions such as speeding, driving under the influence, distracted driving, or ignoring traffic signals. Evidence of the breach can be gathered through police reports, eyewitness testimonies, and traffic camera footage, which can all show how the defendant acted negligently.

Causation – The next step is establishing causation, which links the defendant’s breach of duty directly to the accident and the resulting TBI. Establishing causation means showing that the defendant’s negligent actions were a substantial factor in causing the crash. In legal terms, there are two types of causation to consider: actual cause (whether the accident would have occurred “but for” the defendant’s actions) and proximate cause (whether the injuries were a foreseeable result of the negligent behavior). Expert testimony from medical professionals can help clarify how the TBI was a direct result of the accident.

Damages – Finally, the plaintiff must demonstrate that they suffered damages as a result of the accident, including medical expenses, lost income, pain and suffering, and any long-term effects of the TBI. Medical records, bills, and expert evaluations are key in quantifying these damages. For TBIs, evidence may also include neuropsychological assessments that detail the injury’s effects on cognitive and emotional functioning.

A skilled personal injury lawyer can significantly enhance your chances of success, as they can guide you throughout the process and work to ensure that all necessary documentation is properly gathered and presented.

Recoverable Pain and Suffering Compensation for a TBI

Recoverable pain and suffering compensation for a TBI sustained in a motor vehicle collision encompasses various damages. These damages are designed to address the physical and emotional toll of the injury.

Physical Pain and Suffering – This category covers the actual physical discomfort experienced due to the TBI. Victims may endure chronic headaches, dizziness, fatigue, or other persistent pain. Compensation can reflect the intensity and duration of this physical suffering, often assessed through medical records and testimonies regarding the individual’s experience.

Emotional Distress – TBIs can significantly affect mental health, leading to conditions such as anxiety, depression, and post-traumatic stress disorder (PTSD). Victims may struggle with emotional regulation, face mood swings, or experience social withdrawal. Compensation for emotional distress takes into account the psychological suffering the injury caused and its repercussions on daily life.

Loss of Enjoyment of Life – A TBI can limit a person’s ability to participate in activities they once enjoyed, such as sports, hobbies, or social events. Compensation for loss of enjoyment of life acknowledges the reduced quality of life that results from the injury. This type of damage can be subjective, relying on the individual’s testimony about how their daily experiences have changed.

Loss of Consortium – If a TBI affects a person’s ability to maintain intimate relationships, their spouse may seek compensation for loss of consortium. This term refers to the loss of companionship, affection, and support due to the injuries sustained. It recognizes how a severe injury can alter family dynamics and relationships.

Long-term Care and Rehabilitation – Compensation can also include the costs associated with ongoing treatment, rehabilitation, or therapy necessary for recovery, which may encompass physical therapy, occupational therapy, counseling, and any adaptive devices required for daily living. The financial burden of these long-term care needs can be substantial, and victims are entitled to seek compensation for these expenses.

Punitive Damages – In cases where the defendant’s conduct was particularly reckless or egregious, punitive damages may be awarded. These damages are intended to punish the wrongdoer and deter similar behavior in the future rather than just compensate the victim.

Successfully Litigating a Personal Injury Case Involving a TBI

Litigating a motor vehicle accident case involving a TBI involves several critical steps, beginning with a thorough investigation and potentially culminating in a trial or alternative dispute resolution proceeding.

Investigation – The first step is to investigate the accident, which includes collecting evidence such as police reports, medical records, witness statements, and photographs of the accident scene. Gathering detailed information about the circumstances of the crash is important in establishing liability.

Consultation with Experts – Consulting medical professionals and accident reconstruction experts can provide valuable insights. Medical experts help assess the extent of the TBI and its long-term effects, while accident reconstructionists can clarify how the crash occurred, supporting claims of negligence.

Filing a Lawsuit – Once the investigation is complete, the next step is to file a lawsuit, which involves drafting a complaint that outlines the plaintiff’s claims, the basis for liability, and the damages sought. The complaint is then filed in the appropriate court, initiating the legal process.

Discovery Phase – After the lawsuit is filed, the discovery phase begins. Both parties exchange information and evidence relevant to the case, including interrogatories (written questions), requests for documents, and depositions (sworn statements taken in person). This phase is critical for both sides to build their arguments and assess the strengths and weaknesses of the case.

Pre-trial Motions – Following discovery, TBI accident attorneys may file pre-trial motions to resolve certain issues before trial. For example, a motion for summary judgment can be filed to ask the court to rule in favor of one party based on the evidence presented without proceeding to trial.

Settlement Negotiations – Many cases resolve through settlement negotiations before reaching trial. Both parties may engage in discussions to agree on a compensation amount. If they reach a satisfactory settlement, the case can be resolved without the need for a trial.

Trial Preparation – If the parties cannot reach a settlement, the case proceeds to trial, which involves preparing evidence, witness testimony, and legal arguments. Attorneys will present their cases before a judge or jury, seeking to establish liability and demonstrate the effect of the TBI on the plaintiff’s life.

Trial or Alternative Dispute Resolution – The final step is either going to trial or pursuing alternative dispute resolution methods such as mediation or arbitration. In a trial, both sides present their cases, and a verdict is reached. In mediation or arbitration, a neutral third party helps facilitate a resolution outside of court.

Each step is essential for securing justice and appropriate compensation for the injured accident victim.

Talk with an Experienced Personal Injury Attorney Today

If you or a person you love suffered a TBI in an accident resulting from someone else’s negligence, a knowledgeable North Port personal injury attorney can handle every step of the process for you. Your personal injury lawyer will investigate your accident circumstances, file a claim or lawsuit on your behalf, and pursue the compensation and justice you deserve for your TBI and other injuries.

What Are the Most Common Causes of TBI?

Written by rankings on July 11, 2024. Posted in Brain Injury.

Some of the most common causes of traumatic brain injuries (TBIs) include motor vehicle accidents and falls. Other potential TBI causes include physical attacks, workplace accidents, boat accidents, and pedestrian accidents. When the cause of a brain injury is someone’s negligence, the victim can file an insurance claim or sue the at-fault party.

If you want the compensation you deserve for medical care and other damages related to your brain injury, hire an attorney to fight for it. Lawyers provide many benefits, including their experience and wealth of resources. Your TBI requires your attention, so let a Tampa traumatic brain injury attorney take the lead in your case.

Get A Free Consultation

TBIs Often Result from Someone’s Negligence

One question you must consider after suffering a TBI is, “Did someone’s actions or failure to act contribute to my injury?” If the answer might be “yes,” speak with a TBI lawyer about seeking compensation from liable parties. medical clipboard with a document titled "Traumatic Brain Injury," accompanied by a stethoscope, a pen, and a magnifying glass, all placed on a wooden surface

Your TBI lawyer will work to prove that someone’s negligence resulted in your TBI and may make this case by:

Establishing the duty of care: When someone has a duty of care, they must act like a reasonable person would in the same circumstances. A boat driver has a duty to avoid striking people, just as a property owner must clean up spills to prevent falls.
Proving a breach of duty: If someone acted in some unreasonable way that contributed to you suffering a TBI, they likely breached their duty of care to you. Your attorney will present all evidence that details their specific negligent actions (or failures to act).
Proving causation: The evidence in your case should prove that the liable party’s negligence was the cause of your TBI. Expert testimony can also help establish this fact.
Presenting your damages: Once your attorney has proven the first three steps in the negligence sequence, they will provide proof of the damages you’ve suffered because of the TBI.

Attorneys use the specific details of each case to make this argument effectively. The unique cause of your TBI, the symptoms of your injury, and the damages you have suffered will all be central to this argument.

Many Causes of Traumatic Brain Injuries Are Grounds for Legal Action

While some traumatic brain injuries are unavoidable and no one in particular is at fault, many TBIs are the direct result of negligence. When this is the case, those with TBIs (or those who lose a loved one due to a TBI) can file an insurance claim or a lawsuit in pursuit of fair compensation.

Some incidents that may lead you to pursue a settlement after a TBI are:

Car accidents
Truck accidents
Bus accidents
Pedestrian accidents
Motorcycle accidents
Rideshare accidents
Boating accidents
Slip and falls
Trip and falls
Workplace accidents
Animal attacks (which might lead to a fall)
Physical attacks allowed by negligent security
Defective products (which can include an airbag failing to deploy, safety equipment failing to serve its purpose or any other product that contributes to a TBI)
Any other preventable event resulting from someone’s negligence

Brain injuries can happen in many different circumstances. If the event(s) in which you suffered a brain injury are not listed, simply speak with an attorney about whether you have grounds for an insurance claim or lawsuit.

How Can I Seek Compensation for Harm I’ve Suffered Because of a TBI?

A Tampa brain injury attorney will likely take one of two paths to secure a fair financial recovery for your TBI, which are:

An insurance claim
A lawsuit

Two specific outcomes can lead to compensation in your pocket, which are:

A settlement, which can come through the claims process or after you file a lawsuit
A jury award, which may come after your case goes through trial

Even if you file a lawsuit, statistics suggest you are more likely to receive a settlement than a jury award. There are high costs and some risks associated with trials, so settlements are far more common. Even so, confident attorneys are always willing to take TBI cases to court when it is the best decision for the client.

Why Many TBI Victims Hire an Attorney

A brief review of TBI symptoms makes it clear why so many with this injury hire an attorney to handle their case. Between memory issues, confusion, fatigue, and sensory issues, having a brain injury can make it very difficult for you to manage an insurance claim, let alone a lawsuit.

When you choose to hire a lawyer to lead your claim or lawsuit, you:

Can put your recovery first: Your time is limited, as is everyone’s. If you are responsible for completing an insurance claim (or even a lawsuit), that is less time to dedicate to rest and recovery. When you let a lawyer take over your case, you can prioritize your health better.
Simply need to follow your lawyer’s advice: Once your TBI attorney takes over your case, all worries about the claims process or legal process should melt away. Simply follow your lawyer’s advice and ask them any questions that arise during your case.
Have access to your law firm’s resources (at no direct cost to you): Your law firm will pay for all case-related costs. They may have experts whose services and testimony contribute directly to a positive case outcome. Such resources and financial support are built into a lawyer’s fee structure, so they come at no direct cost to you.

It is impossible to measure the full value of a lawyer’s experience, financial support, and knowledge of civil law. These benefits may contribute to you obtaining a settlement or verdict covering all of your damages and sparing you from financial hardship, psychological distress, and other severe consequences.

The Contingency Fee Structure Allows You to Hire an Attorney at No Out-of-Pocket Cost

If you have any question about whether you can afford to hire a TBI lawyer, you can. Most personal injury attorneys offer contingency fees, which they only receive if they obtain a settlement or jury award for you.

A contingency fee arrangement means:

Your attorney has a compelling financial incentive to obtain the money you deserve (otherwise, all of their hard work will go unpaid)
You don’t have to pay the firm out of your own pocket under any circumstance
You can hire an effective attorney no matter how financially distressed you may be at the moment

A law firm may provide resources for your case that you might not otherwise access, including expert analysis. Simply agree to grant your lawyer a portion of any settlement or verdict they secure for you, and they can get started on your case today.

How a TBI Lawyer Will Build Your Case for a Fair Settlement (or Verdict)

Your TBI lawyer in Tampa will build the strongest case they can, as winning for you is the only way they will receive their fee. Lawyers also want to see their clients in a position of financial security, so they will work to obtain a fair settlement or judgment by:

Protecting You Through Every Step of Your Case

Your lawyer will protect you from anyone’s attempts to sink your case, which may include:

Attempts to blame you for causing the TBI
Lowball settlement offers
Delays in the claims process
Confusing questioning (which may be attempts to have you admit fault)

Insurance companies and civil defense lawyers are two of the main parties that use such tactics. Your lawyer will handle as many interactions with these parties as possible and make any statements you must provide on your behalf.

Detailing the Cause of the TBI

Your legal team will secure all relevant evidence proving who caused your TBI. From eyewitness accounts to police reports and accident reconstructions, your legal team will leave no stone unturned during their investigation.

Documenting the Damages Resulting from the TBI

Your case will include detailed documentation of TBI-related damages, which may include:

CT scans of your brain injury
Your doctors’ notes and diagnoses of your injury
Medical bills related to the TBI
A mental health expert’s detailing of your pain and suffering (including any depression and personality changes stemming from the injury)
Proof that you’re unable to work as you normally do because of the TBI and the income and other professional damages that result

Your attorney will also discuss how the TBI has negatively affected your quality of life. Your own testimony can be powerful proof of your pain and suffering.

Calculating How Much Money You Deserve

The treatment for your TBI may alone be costly, as it may include surgery and hospitalization (among other medical services). When your lawyer factors in lost income, pain and suffering, and other damages, your case value can be high.

Leave it to an attorney to assign a precise financial value to each of your damages. They will be certain of your case value before they demand compensation from liable parties.

Negotiating a Settlement on Your Behalf

TBI attorneys are, at their core, negotiators. Your lawyer will determine how much compensation you deserve then:

Arrange negotiations with liable parties
Present evidence that proves who is responsible for your TBI, and who is financially liable for your damages (this may not be the same party)
Present documentation of your TBI-related damages
Explain how they calculated their settlement demands

Liable parties will almost certainly try to negotiate your lawyer down. If they are a skilled, experienced lawyer, your attorney will stand firm in their demands and secure the compensation you deserve.

Representing You in Legal Proceedings, If You Choose To

If you choose to file a lawsuit, your lawyer will file the suit before the statute of limitations expires. Liable parties will have the chance to offer a fair settlement after your lawyer files the case.

If the liable parties are still unwilling to pay the money you deserve, your attorney can take your case to trial. Your lawyer will explain the ins and outs of going to trial before you make this decision together so you can be fully confident in the direction your case takes.

Variables That Can Affect the Value of a TBI Case

Many TBI victims who hire an attorney want to know how much money their lawyer will seek. Each case is different, and some factors that can affect the value of a TBI case include:

The specific type of TBI you have suffered, as there are a wide range of injuries from items penetrating the skull to internal injuries like concussions
The severity of your injury and the symptoms the injury causes
The specific cost of all economic damages, like medical expenses and lost income
The severity of your pain and suffering, which is the most common type of non-economic damage among those with TBIs

Your attorney will also consider how your TBI interferes with your professional life. The amount of income you lose because of your injury will be an important focus as your lawyer determines your case value.

Recoverable Damages Your Lawyer Will Include in Their Settlement Demands

Attorneys must break their clients’ damages down into specific categories, which often include:

Medical costs, as brain injuries are often complex and require multi-faceted treatment approaches
Pain and suffering, which can include lost quality of life, physical pain, and other non-economic harm
Professional harm, including but not limited to lost income and diminished earning capacity

Those who are permanently disabled because of a TBI may have additional costs and challenges, including long-term rehab expenses, caregiver costs, and medical equipment expenses. Attorneys take a comprehensive approach to ensure they account for all harm their clients suffer.

Hire Your TBI Attorney as Soon as You Possibly Can

Ensure your lawyer can file any necessary lawsuit before the legal filing deadline expires. Find your Tampa traumatic brain lawyer as soon as possible. This gives them time to gather evidence and fully understand the extent of your injury before pursuing full compensation for you.

Never wait to seek the legal support you need to protect your rights. Schedule a free case evaluation with a brain injury attorney today.

How Long Does a Brain Injury Claim Take?

Written by Boohoff Law on November 25, 2023. Posted in Blog, Brain Injury.

Victims who suffer traumatic head or brain injuries in an accident may experience intense pain, along with permanent cognitive impairments that affect them for the rest of their lives. Unfortunately, many of these accidents and injuries are fully preventable had someone else behaved more carefully under the circumstances.

If you or a person you love suffered a serious head injury in a recent accident, speak with a knowledgeable personal injury attorney in your area right away. Your lawyer can swiftly investigate your accident and determine your eligibility for filing a personal injury claim or lawsuit with the at-fault individual or entity’s insurance company.

Your lawyer can also represent you during ongoing settlement negotiations in pursuit of the favorable compensation you need and deserve. Finally, if the insurance company refuses to take your case seriously or disputes fault for the occurrence, your lawyer can file a lawsuit in court, seeking the monetary recovery you need through the litigation process.

The time it takes to resolve a brain injury claim depends upon numerous factors and often varies from case to case. While some brain injury cases resolve in a few months, others may last for several years.

A skilled brain injury attorney can advocate for you throughout the entire process and aggressively fight for your legal rights and interests. Your lawyer can also address all of your concerns so that you can better make important decisions throughout your case – including whether to accept or reject a pending settlement offer.

Finally, your lawyer will work hard to streamline the process so your case moves forward quickly and efficiently.

Request A Free Consultation Today!

Types of Brain Injuries that an Accident Victim May Suffer

When individuals are involved in an accident and strike their head on a hard surface, they may suffer a traumatic brain injury that leads to ongoing medical complications. If an object penetrates the accident victim’s skull, the accident victim may suffer a brain bleed or hemorrhage, which leads to permanent cognitive impairments – and sometimes their untimely death.

Accident victims who strike their head on the ground may also suffer a concussion or a brain bruise. A concussion injury typically occurs when the force of an impact causes an accident victim’s brain to move around and strike the side of their skull, leading to a severe bruise.

These injuries can lead to both short-term and long-term symptoms. Some of the most common short-term symptoms of a concussion injury include nausea, dizziness, headaches, and short-term memory loss.

However, some concussions lead to far more severe and permanent symptoms, including post-concussive migraine syndrome and long-term or permanent memory losses.

Since the symptoms of a concussion may not always immediately manifest, accident victims must seek prompt medical treatment for their head injury as quickly as possible after their accident.

In addition to a blunt head injury or concussion injury, accident victims may fall into a coma or vegetative state, relying on life support to remain alive.

If you or a person you love suffered a head or brain injury in a recent accident, seek out the medical treatment that you need as quickly as possible. Sometimes, an emergency room doctor or primary care physician might refer you to a specialist doctor, such as a neurologist, for ongoing medical care and treatment.

Complete your medical treatment regimen and undergo the necessary procedures to try and make a full recovery from your injuries. Otherwise, the insurance company may refuse to pay you the fair monetary recovery you deserve.

While you receive the medical treatment that you need for your head injury, a skilled personal injury attorney can advocate for your legal interests right away. Specifically, your lawyer may investigate your accident circumstances and begin gathering your medical treatment records and bills to date. Your lawyer can assemble those documents into a settlement demand package for the insurance company to review once you complete your treatment.

Accidents That May Cause a Brain Injury

Several types of occurrences may lead to traumatic head and brain injuries. One of the most common causes of traumatic brain injury is a motor vehicle accident.

Forceful collisions are especially likely to cause a head injury if the accident victim strikes their head on something inside the vehicle, such as the headrest, window, door, or steering wheel, during the accident.

In many situations, other drivers cause motor vehicle accidents when they violate traffic laws, exhibit road rage, drive in a distracted manner, or drive while they are under the influence of alcohol or drugs.

An accident victim may also suffer a severe head injury if they strike their head on the ground in a slip-and-fall or other premises accident. Premises accidents frequently happen when property owners fail to maintain their properties in a reasonably safe condition for the benefit of property visitors.

Other common types of accidents that may lead to a severe head injury include:

Escalator and elevator accidents
Boating accidents
Swimming pool accidents
Fair and amusement park accidents
Medical negligence and malpractice
Defective products that explode or malfunction
Construction site and building site accidents
Workplace Occurrences

If you suffered a head injury in one of these accidents, you can hold the responsible individual or entity accountable by filing a claim against their insurance policy.

Your attorney can handle every step of the claims-filing process for you by gathering the documents necessary to prove your claim, assembling a settlement demand package on your behalf, and submitting that package to the at-fault party’s insurer in a timely manner.

Your lawyer can then negotiate with the insurance company adjuster handling your case for the fair settlement compensation you need.

Factors That Affect the Length of a Brain Injury Case

Some traumatic head and brain injury cases may take a significant amount of time to settle or litigate. In part, this is often due to insurance companies and their adjusters dragging their heels when making a fair and reasonable settlement offer in a particular case.

Insurance companies are not on your side, and they will do everything they can to resolve your personal injury claim for as little money as possible. Therefore, adjusters may undervalue claims as much as possible.

A skilled personal injury attorney increases your likelihood of recovering compensable monetary damages for your head injury. Your lawyer can highlight the strengths of your claim, including favorable expert reports and medical treatment records, and downplay any weaknesses. Moreover, your lawyer may take the insurance company to court if they refuse to compensate you with the fair monetary compensation you deserve.

Besides insurance companies, other factors which may affect the length of time it takes to resolve your case include:

The amount of time it takes for you to complete all of your accident-related medical treatment
The time it takes for your attorney to gather medical documentation and other important documents in your case
Whether litigation becomes necessary in your case, and if so, the court where your case is pending
The specific insurance company adjuster with whom you are dealing and whether or not they will settle your case without litigation

How to Litigate a Brain Injury Case

One important factor that may affect the length of your brain injury case is whether or not litigation becomes necessary. In general, litigating a case takes far longer than settling a case out of court simply because a court may set settlement conferences and civil jury trial dates far out in advance, depending on the number of cases on the court’s docket.

If litigation becomes necessary in your case, your attorney can handle every step of the process for you and work to streamline the process as much as possible. During litigation, the parties will engage in written discovery by exchanging documents and answering one another’s written Interrogatories.

The defense attorney in the case may also take the accident victim’s deposition to find out more about their injuries, the accident, and their current medical complications.

Even after filing a lawsuit, a case may still resolve without requiring a civil jury trial. However, if the parties do not resolve their case, they may need to take it to trial so that a jury can decide the amount of compensation to award the accident victim.

However, your lawyer can explore various alternative dispute resolution (ADR) methods, such as binding arbitration or mediation, as a way of resolving your case out of court.

Proving a Brain Injury Claim or Lawsuit Successfully

To recover monetary compensation for a brain injury, accident victims must satisfy their legal burden of proof.

First, accident victims must demonstrate that the at-fault party owed a legal duty of care, which they subsequently violated. For example, if an accident victim suffers a brain injury in a slip and fall accident, they will need to show that the premises owner failed to maintain their premises in a reasonably safe condition for the benefit of property visitors.

Next, the brain injury victim must establish that as a result of the at-fault party’s negligent breach, an accident occurred in which they suffered one or more brain injuries.

To establish the medical nexus between your brain injuries and the accident, your lawyer can retain a medical expert, such as a neurologist or other treating healthcare provider. The medical expert can physically examine you, review imaging studies, and causally relate your head or brain injuries to the accident. A medical expert might also establish that as a direct result of the accident, you suffered a permanent head injury, such as a permanent cognitive impairment.

Monetary Damages in a Brain Injury Claim or Lawsuit

Individuals who suffer brain injuries in an accident may suffer permanent impairments that affect their entire life and well-being. Many brain injury victims cannot work for a significant amount of time after their accident, or in some cases, permanently.

In this situation, accident victims might recover compensation for lost income or loss of earning capacity. They may also receive monetary damages for their accident-related medical treatment expenses, including doctor visits, medical procedures, and other treatments.

Additionally, an accident victim who suffers a head injury may recover monetary damages for all of their pain and suffering, mental distress, cognitive impairments, inconvenience, and lost quality of life as a direct result of their head injury.

A personal injury attorney in your area can explore all your legal options and determine the likely settlement or jury verdict value of your head injury case. Your lawyer will then handle every step of the process, including negotiating with insurance company adjusters, pursuing a favorable settlement offer, or taking your case to court for a fair resolution.

Call an Experienced Brain Injury Lawyer in Your Area Today

Tatiana Boohoff - Attorney for Brain Injury — Tatiana Boohoff, Brain Injury Lawyer

One of the best ways to streamline your head injury case is to retain an experienced personal injury lawyer to represent you as soon as possible after your accident. Depending upon the jurisdiction where your accident happens, you may have a very short window to file a lawsuit seeking the monetary recovery you deserve. These time deadlines vary by state, according to the respective state’s statute of limitations.

Once you retain an attorney to represent you in your head injury case, your lawyer may start gathering documents, filing a claim, negotiating with insurance company adjusters, and pursuing the full conversation you deserve. If you need to resort to litigation, your lawyer will efficiently handle the litigation promptly and pursue the monetary recovery you deserve for your traumatic brain injury.

Experienced Lawyer for Brain Injury near Tampa

How a Lawyer Can Help After Suffering a Brain Injury After a Motorcycle Accident?

Written by Boohoff Law on April 5, 2023. Posted in Blog, Brain Injury, Motorcycle Accident.

Motorcyclists and their passengers are vulnerable to suffering from severe injuries in a traffic crash. Because motorcycles do not have the coverage that other passenger vehicles do, if a biker gets into an accident, they risk injuries, including traumatic brain injuries, concussions, and other head injuries.

Treating a brain injury can quickly get expensive. Paying for another driver’s negligence does not end after a victim gets out of the hospital. A brain injury can cause lasting effects, including permanent disability. In that case, the victim will be paying for the effects of the crash for months or years to come as they learn how to walk, deal with the emotional trauma, and cope with lost income.

A brain injury attorney can help you understand your rights after a motorcycle crash and help you recover compensation for your injuries. If you or a loved one has suffered a brain injury after a motorcycle crash, contact a motorcycle accident attorney in your area immediately after an accident.

Request A Free Consultation

Motorcycle Accident Statistics

Motorcycle safety is a concern for people across the country. According to the United States Department of Transportation, 5,579 motorcyclists lost their lives in traffic crashes across the nation in a recent year. In the same year, motorcyclist deaths accounted for nearly 15 percent of all traffic crash fatalities.

Motorcyclists who wore helmets while operating their bikes did not fare much better after an accident. The DOT reported that 60 percent of all fatally injured motorcyclists were not wearing helmets at the moment of impact. Helmet use was lower for passengers on motorcycles, at 40 percent.

Alcohol was a factor in many of the crashes that occurred in recent years. Drivers with a blood alcohol concentration level of 0.08 percent or higher caused 672 deaths during the day and 764 deaths at night. Drivers with a blood alcohol concentration level of 0.15 percent or higher caused 422 deaths at night and 438 during the day.

Head Injuries Are the Most Common Injury in Motorcyclist Accidents

One NCBI study followed a cross-section of motorcyclists admitted to the hospital. They accounted for accident type, accident time, and injury pattern. The study found that head injuries are the most common type of injury for motorcyclists that get into traffic crashes.

The NCBI stated that motorcyclists were the most vulnerable groups of motorists and tended to become accident victims most commonly.

The NCBI reported:

4,205 motorcyclists went to the hospital after a crash
Collisions between cars, pedestrians, and motorcyclists were the most common cause of injuries.
Accidents between cars and motorcyclists accounted for 68 percent of all accidents studied.
Accidents between pedestrians and motorcyclists accounted for 22 percent of all accidents studied.
Head injuries accounted for 59.7 percent of the injuries for motorcyclists who needed hospitalization.
85.4 percent of the motorcyclists who lost their lives in the accidents studied suffered from severe head injuries.

Potential Injuries in a Motorcycle Accident

Motorcyclists are much more likely to suffer from serious injury than other motorists.

Motorcycles do not have the same protection as other passenger vehicles, so motorcyclists and their passengers are more vulnerable to severe injuries, including:

Road rash
Disfigurement
Broken bones
Facial fractures
Burns
Spinal cord injuries
Amputations
Paralysis
Brain injuries

Brain injuries are a common type of injury motorcyclists may experience after a crash. Brain injuries can be expensive to treat, leaving the victim with life-long injuries.

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) is a head injury that can leave the victim with a permanent disability. TBI happens due to blunt force trauma or a violent jolt to the head. After suffering from this injury, a patient may experience symptoms that can include unconsciousness, blurry vision, trouble concentrating, and confusion. TBI requires a medical diagnosis.

You will need emergency medical treatment after a hit to the head. The treatment you receive after a TBI depends on the severity of the harm. Some patients may require surgical or non-surgical treatment to properly heal from harm.

Surgical treatment for traumatic brain injuries helps the patient in emergencies. Examples of surgical treatment include placing a stent inside a patient’s skull to repair cracks and prevent further damage to the head and surgery to remove blood clots that can potentially detach and move to other areas of the body, placing the patient at risk of death.

Non-surgical medical treatment for traumatic brain injuries includes using medications to reduce pain and the risk of progressive injuries.

A TBI patient may receive some of the following medications to treat injuries that do not require surgical intervention:

Muscle relaxers
Diuretics
Blood thinners
Stimulants/steroids
Antidepressants, anxiety medications, or other mental health medications

How Do You Calculate Brain Injury Damages?

Each motorcycle accident case is different. The facts of your case will determine how much your case is worth. An experienced motorcycle accident attorney can help you identify your damages and build your case to increase the possibility of receiving maximum compensation.

Factors that may increase the value of your traumatic brain injury claim may include:

If your injuries were particularly severe. Typically, the more severe the injuries are and the greater the likelihood that the victim will suffer long-term effects, the more valuable the settlement.
If you had a high income. If you are a high earner and are unable to work, it will likely increase the value of your claim,
Long-term disabilities. If you have disabilities that are going to keep you from working, pursuing a career in your chosen field, or engaging in activities you once enjoyed, it will likely increase the value of your motorcycle accident claim.

Factors that may decrease the overall value of your settlement can include:

Prior medical conditions may decrease the value of your settlement. If you have a previous head injury, insurance companies will argue that the crash was not the cause of your injuries or not the primary cause to reduce the amount of money they pay in a settlement.
The state where you filed your claim. State law may limit the amount of money available in your claim. For example, some states may not permit recovery for punitive damages.

How Can an Attorney Help Me?

Your attorney and the legal team you build after a motorcycle crash are your defense against large insurance companies and defense attorneys that are laser-focused on keeping you from the compensation you need to recover financially after a crash.

A motorcycle accident attorney can help you in the following ways:

Settlement Negotiations

A motorcycle accident attorney can help you navigate settlement negotiations with the insurance company. Many insurance companies place their bets on accident victims wanting to resolve their cases and foregoing hiring legal counsel quickly. Insurance companies may offer a fast, lowball settlement to avoid paying out large claims that will cover a victim’s losses. When counsel represents a victim, insurance companies do not play those games.

Hire an Expert Witness to Explain Your Head Injury

Knowing the extent of your harm after a head injury can be difficult. After an accident, some motorcyclists make the mistake of refusing medical care after hitting their heads. That is a mistake. Anytime you rock your head, you may have suffered a brain injury.

The severity of some injuries may not be readily apparent. An accident attorney can enlist the services of an expert witness to substantiate your injury and the way in which it will affect your life. Expert witnesses are often vital at trial because they can thoroughly explain your harm to a jury and describe how the injury will affect your life moving forward.

Help You Focus Solely on Recovery

There is a two-prong recovery process after a motorcycle accident. Injury victims must recover physically and financially. The physical recovery part of a brain injury is tough enough. You may need to recover from surgery, adjust to new medication, or participate in physical therapy and rehabilitation. That is enough work for you to do.

An accident attorney will take the burden of pursuing financial recovery off you.

Your attorney and their team will handle the legal side of things. They will ensure that your case complies with all applicable state and local procedural rules, so a judge does not dismiss it.

Help You Tell Your Story

As your case progresses, you will be required to tell your story to a lot of people. Many people tend to downplay their injuries after an accident. Victims want to appear stoic and strong. Your attorney will help you highlight the areas of your story that are the most compelling so an insurance adjuster, a judge, or a jury can see how much the accident has affected your life.

Prepare You for Trial

If your case does not settle during negotiations with the insurance company, it will move forward and go to trial. The thought of a civil trial can be overwhelming, especially if it is your first time being at trial. Plaintiffs that represent themselves tend to have a more difficult time getting the compensation they need – if they can obtain any compensation at all.

Get Quality Legal Advice

Having a motorcycle attorney means avoiding endless online searches about your legal rights. A communicative attorney knows you will have questions while your case is pending. If you ask your attorney, you can trust that you will receive the correct information to make informed decisions about your motorcycle accident case.

How to Choose the Best Motorcycle Accident Attorney?

Choosing the best legal team is essential for the success of your case. The best way to choose the right legal team is to review the attorney’s qualifications and assess how well you will work together. Here are some things to look for as you choose an attorney:

Experience

An experienced attorney can get you the best results on your claim. You will need an attorney experienced in handling motorcycle claims. They will know the unique challenges that you will face and the arguments insurance companies will income against your claim.

The Attorney’s Track Record

Check the attorney’s track record for successful outcomes in motorcycle crash cases. You can find this information by speaking to past clients, reading client reviews, talking to loved ones who have used the attorney previously, or asking the attorney about their experience during your initial consultation.

Make Sure You Feel Comfortable Working With the Attorney’s Team

Most civil cases, including motorcycle accident claims, take a long time to conclude. You want to ensure you have a legal team you feel comfortable communicating and sharing parts of your life with. Think about it; these people will review your medical records and learn more about you. You should feel good about your team.

Make Sure You Agree to the Attorney’s Payment Structure

Different attorneys have different payment structures, which often depend on the type of case. For civil accident cases, many attorneys work on a contingency fee basis. A contingency fee agreement works by allowing a client to defer payment for legal fees until the end of the case and ensuring that they can obtain legal representation regardless of their ability to pay.

Most contingency fee agreements let clients avoid paying a fee unless they obtain a settlement or an award at trial. Lawyers usually take a percentage of the final settlement as payment for their services. Speak to your attorney regarding the details of this payment arrangement.

Contact a Motorcycle Accident Attorney Today

Tatiana Boohoff, Lawyer for Motorcycle Accident cases near Tampa area. — **Tatiana Boohoff, Motorcycle Accident Attorney in Tampa**

You need an attorney if you or a loved one has suffered an injury in a motorcycle accident. There is no reason to try to face the legal process alone, and trying can easily result in getting far less than your case is worth.

Retaining the best legal team means you are in the best position to get maximum results from your motorcycle accident lawsuit. Contact a personal injury lawyer in Tampa today and start pursuing fair compensation.