If you or your loved one has sustained a traumatic brain injury in Huntsville as the result of someone else’s carelessness, recklessness, or even an intentional act, you can seek compensation for the extraordinary financial and psychological impacts that this type of injury often causes through a personal injury lawsuit. An experienced Huntsville traumatic brain injury lawyer from Morris Bart can guide and assist you in this process.
The Costs and Impacts Associated with Traumatic Brain Injuries
The brain is an extremely complex organ that is tasked with controlling all the body’s functions and involuntary responses. In spite of this importance, the brain is extremely limited in its ability to heal from damage, which means that many individuals who have incurred this type of injury will have permanent deficits as a result.
The disabilities that are often experienced after a brain injury impact every facet of an individual’s life, including their ability to work and complete personal daily tasks independently, the relationships they have with their loved ones and friends, and even their ability to participate in community events or hobbies they previously enjoyed.
According to a report from Northwestern University, the lifetime costs of medical treatment alone for individuals suffering from a traumatic brain injury is $85,000 to $3 million. Around 60 percent of adults with brain injuries are unemployed two years after the injury. More than half of the nation’s homeless population has suffered a traumatic brain injury.
For a free legal consultation with a Traumatic Brain Injury lawyer serving Huntsville, call (256) 666-3010
How do You Obtain Compensation for a Traumatic Brain Injury?
If you or your loved one has suffered a traumatic brain injury due to the negligent actions of someone else, Alabama grants you the right to seek compensation for your injury through the personal injury claims process.
Hiring a Huntsville Traumatic Brain Injury Attorney
The first step you take in obtaining compensation for your injuries should always be to hire an experienced traumatic brain injury lawyer in Huntsville to assist you with your claim. Many individuals are tempted to try and navigate the personal injury process on their own. However, the experience and knowledge of the process and the evidence needed to prove your claim that a traumatic brain injury attorney in Huntsville can provide are crucial to the outcome of your case.
The personal injury claims process involves initially making a third-party claim on an associated insurance policy that is carried by the at-fault party. When the insurance adjuster receives this claim, they have three options:
- Admit the liability of their insured and approve the claim.
- Deny the claim and provide a reason for the denial to the claimant.
- Admit to liability but offer to settle the claim for a lower amount than sought.
Often, the submission of a demand package to the at-fault party’s insurance provider begins the process of settlement negotiations, during which your attorney will be negotiating on your behalf for the highest amount of compensation available in your claim.
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What Happens If a Fair Settlement Offer Is Not Made?
If the insurance adjuster fails to make a settlement offer that fairly compensates you for the injury, your attorney can assist you in filing a personal injury lawsuit, which is a legal claim filed in civil court, generally within two years of the date on which the accident occurred.
It should be noted, however, that settlement negotiations can continue even after a personal injury lawsuit is filed. In fact, it is not uncommon for settlement offers to be made after the trial has already begun.
The Importance of Patience During the Process
One of the dilemmas many individuals and their attorneys face when seeking compensation through a traumatic brain injury claim is that the compensation that was being sought was needed immediately, while one of the most common insurance company tactics used to avoid big payouts is to stall the negotiations to the point where the claimant is desperate and willing to accept any offer that is made.
A patient client who is able to wait for the process to unfold often sees a higher level of compensation.
Proving Liability for a TBI in Huntsville
In order to have a successful outcome to your claim, you must be able to show that someone else was liable. Liability in Huntsville traumatic brain injury cases is proven by showing these elements:
- The at-fault party had a duty to exercise reasonable care in the given circumstances in order to protect the safety of others.
- There was a breach in this duty of care when the at-fault party engaged in unsafe or illegal actions.
- These unsafe or illegal actions resulted in an accident in which you incurred a TBI and associated impacts and expenses.
What You Can Be Compensated for After Suffering a TBI
TBI sufferers in Huntsville can pursue the recovery of both economic and non-economic damages. The word “damage” refers to a payment made in compensation for the expenses (economic damages) and quality-of-life impacts (non-economic damages) of the injury.
Some of the expenses and impacts that are commonly compensated in this type of claim include:
- Past, present, and future medical expenses incurred in the treatment of the TBI and associated complications
- Lost wages
- Loss of future earning capacity
- Property damage you sustained in the accident, such as damage to your vehicle if your injury was the result of a motor vehicle accident
- Physical pain and suffering
- Emotional distress
A Huntsville Traumatic Brain Injury Lawyer Can Help with Your Claim
To learn more about the process of obtaining compensation for your injuries, obtain answers to legal questions you have about your case, and to learn more about how a Huntsville traumatic brain injury lawyer from Morris Bart can help with your claim, contact us online for a free case evaluation.
Questions?Call (256) 666-3010
to find a Morris Bart office near you.