Basic Facts About Pursing a Personal Injury Claim for Brain Injuries

Brain injuries are among the most catastrophic in terms of their impact on a person’s daily life. If you or a loved one suffered a brain injury as a result of an accident, a brain injuries attorney can review the facts and help you decide your best legal options for pursuing compensation.

If you sustained a brain injury due to the negligence of another (i.e., car accident, truck accident, slip and fall), a brain injuries lawyer can educate you about how to pursue a claim. Negligence cases, no matter the circumstances that brought them about, require proof of the same basic elements. The at-fault person must have had a duty to refrain from injuring you (driving safely, repairing known defects on premises, etc.). If that duty was breached and you were injured as a result, you may have a case for negligence. An attorney will explore the facts relating to your injuries to probe for any strengths or weaknesses.

Personal injury cases are often covered by an insurance policy such as a homeowner’s policy in a slip and fall or auto insurance in a car accident. As such, the claim is often handled by an insurance company. A brain injuries lawyer can communicate with the adjuster on your behalf. The adjuster’s investigation will focus on liability (the duty and fault component of negligence) and damages (the extent of your injury). As such, expect the adjuster to heavily scrutinize whether your conduct in any way contributed to the accident. The majority of the investigation, however, will likely focus on the medical evidence you provide. If you do not have a well-documented injury, it may be more difficult to get a reasonable settlement offer.

A large part of an insurance adjuster’s job is to carefully review the documentation you provide that details your injury. Brain injuries often cause symptoms that aren’t readily viewable on an x-ray or CT scan. Damages such as loss of memory and inability to concentrate can be hard to prove.Therefore, it’s important to seek care from a qualified neurologist or other specialist who can render an expert opinion about the extent of your injuries, their impact on your daily life and the cause of them (i.e., the accident).

When someone else’s negligence caused your injury, you are entitled to payment of your medical bills, lost wages, other economic losses as well as your pain and suffering. The pain and suffering component is often the largest component of a personal injury claim. An attorney can discuss the type of documentation you might need to support your claim. The focus will be on how your brain injury impacts your daily life, such as what can’t you do now that you could do before the accident. To speak to a qualified brain injuries attorney, call the Law Offices of Slappey & Sadd, LLC at 404.255.6677 or toll free at 888.474.9616 to schedule an appointment at no cost to you.