How Do I Make a Claim For an Injury to the Brain?

Claim For an Injury to the Brain

Written by Jeremy D. Earle, JD

May 16, 2022

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ARE YOU ELIGIBLE TO FILE A PERSONAL INJURY CLAIM?

A lawsuit is not necessary for every personal injury. You’re unlikely to win at trial if you run a stop sign while drunk, fall over your own feet in an otherwise safe shop, or hurt your head when  swimming without permission in someone else’s pool.

It would help if you established that the other party behaved carelessly or deliberately to claim a legitimate personal injury. One example of neglect among many is creating hazardous circumstances, such as failing to clean the floor at a grocery store or driving too fast.

KNOW IS IT WORTH IT TO FILE A LAWSUIT?

It would help if you established that you had suffered losses to successfully bring a case and get  compensation. If you fall and don’t get hurt or your injury is so slight that it doesn’t need medical  attention, you won’t have any damages, hence no basis to sue. Even if you have damages and can  win at trial, there’s another thing to consider: the opposing party’s financial resources.

If the liable party is a single person, you may never see a dime if they are not financially secure. Many litigants strive extensively to discover a liable corporation rather than suing an individual since  businesses often have insurance coverage that assists them in paying personal injury claims. If you  are attacked in a grocery shop parking lot, for example, you can sue the grocery store for failing to provide proper protection instead of using your attacker.

KNOW-HOW MUCH YOUR CLAIM IS WORTH

In general, the more severe your injuries are, the more money you will most likely win. The degree  to which you are empathetic might also be a factor. A jury may reward you more if you normally get along with others, have a sympathetic tale, and do not behave recklessly. If you are aggressive,  vengeful, or antagonistic, or if you contributed to your injuries in any way, the value of your claim may be reduced.

Medical expenses, for example, might be included in the particular amount of your claim.

Other expenses, such as transportation to and from a specialist rehabilitation center. Long-term or short-term care costs.

Wages or earning potential that has been lost. Suffering and pain.

Attorney’s fees and court expenses.

Punitive damages if the other party’s actions were extremely heinous.

You’ll almost certainly be dealing with an insurance company if you’ve been in a car accident or experienced an injury at work. Insurers have just one goal: to reduce their liability. As a result, insurance payouts are often unjust.

To figure out if it’s worth your time and effort to file a lawsuit,  you’ll need to determine how much your claim is worth. It’s doubtful that you’ll be able to persuade a jury if you can’t explain to the insurer why you deserve more.

THE BASICS OF FILING A PERSONAL INJURY CLAIM FOR A BRAIN INJURY

Brain injuries are among the most devastating in terms of their influence on a person’s everyday life. A brain injuries attorney can evaluate the facts and help you select your best legal choices for compensation if you or a loved one has suffered brain damage due to an accident.

WHAT IS COLORADO’S ACCIDENT LAW?

If you have suffered a brain injury due to someone else’s carelessness (e.g., a car accident, truck  accident, or a slip and fall), a brain injuries lawyer can advise you on proceeding with a claim.

Regardless of the circumstances that led to them, negligence cases need evidence of the same essential components.

The person at fault was responsible for protecting you from injury (driving safely, repairing known defects on-premises, etc.). You may have a case for negligence if that obligation was broken and you  were hurt as a consequence. An attorney will look into the details of your injury to see if there are any strengths or flaws.

WHAT ARE THE MOST COMMON ISSUES IN PROVING NEGLIGENCE IN A COLORADO BRAIN INJURY CASE?

Insurance policies, such as a homeowner’s policy in the event of a slip and fall or car insurance in  the instance of a car accident, are often used to cover personal injury lawsuits. As a result, an insurance company is often in charge of the claim.

A lawyer for brain injuries can speak with the adjuster on your behalf. Liability (the responsibility and fault component of negligence) and damages will be the focus of the adjuster’s examination (the extent of your injury).

As a result, you should anticipate the adjuster to look into whether your actions contributed to the accident in any way. However, the medical evidence you give will most likely be the focus of the  inquiry. It may be more difficult to get an acceptable settlement offer if you have a

well-documented injury.

HOW DO I RESPOND TO THE INSURANCE COMPANY’S REQUESTS FOR MEDICAL DOCUMENTATION?

An insurance adjuster’s duty entails thoroughly reviewing the documentation you give about your injury. Symptoms of a brain injury are often not visible on an x-ray or CT scan. It might be difficult to  establish damages like memory loss and difficulty to focus. As a result, it’s critical to get treatment  from a skilled neurologist or another specialist who can assess the severity of your injuries, their  effect on your everyday life, and the origin of your injuries (i.e., the accident).

IN A BRAIN INJURY CASE, WHAT KIND OF BENEFITS OR SETTLEMENTS ARE AVAILABLE?

If someone else’s carelessness caused your injury, you are entitled to compensation for your medical  costs, missed earnings, and other economic losses, as well as your pain and suffering. The pain and suffering element of a personal injury claim are often the most significant. An attorney can help you  figure out what kind of paperwork you’ll need to back up your claim.

The emphasis will be on how your brain damage affects your day-to-day life, such as what you can’t do now that you could before the accident. Call Warrior at 719-300-1100 to book a free consultation with a skilled brain injury attorney.

CONSULT A LAWYER IF YOU’RE UNSURE

It’s tempting to do it alone, especially if money is a concern. Lawyers, on the other hand, exist for a purpose. The law is a complicated beast, and few non-lawyers are equipped to handle a wrongful death lawsuit. The insurance firm may utilize this by omitting to notify you of critical information and  using your legal ignorance.

You should carefully consider consulting with a personal injury attorney. The majority of the brain and spinal cord injury attorneys operate on a contingency basis, which means you don’t have to pay anything until you win. If no lawyer will accept your case, even on a contingency basis, it’s a clear  indication that you don’t have a solid case.

TIMELY SUBMIT A CLAIM

It doesn’t matter how skilled your law firm is or how strong your argument is. You will not be able to  win if your claim is not filed on time. In most cases, the statute of limitations is two years, which means you have two years from the date of the injury to submit a complaint.

This is simple enough,  but obtaining the facts, you’ll need to make your complaint, serve the defendant, and decide which  court to bring your claim in may be difficult—especially if you’re doing it alone without the help of  an attorney. Please don’t leave it till the last possible moment.

EVERYTHING SHOULD BE DOCUMENTED.

You won’t be able to win your case if you can’t show that you were hurt. It may seem straightforward, but establishing your injuries demands meticulous record-keeping. You’ll need your medical records, proof of any lost pay, and paperwork to back up any additional claims you make for damages. It would help if you also refrained from doing anything that could jeopardize your claim.

For example, if you go water skiing yet claim you cannot work, the opposing side may argue that you  are not as wounded as you claim.

Any interactions with the opposing party, including confessions of blame or settlement offers, should be documented. In court, your word is worth very little; it is proof that wins cases.

OBSERVE THE RULES

Filing a lawsuit and hoping for the best isn’t enough. To pursue your claim, you must also obey the court’s regulations. If you fail to give a certain piece of information, show up for court, or hand over  evidence when the judge requests it, your case may suffer.

Local court regulations may be a minefield of perplexity, especially for those unfamiliar with the legal system. Even if you filed the original complaint yourself, you should consider engaging a lawyer  for this reason alone.

Your lawyer can assist you in navigating the maze, ensuring that you don’t miss any crucial dates, and addressing any legal processes that the other party fails to follow. This alone might determine whether a team wins or loses.

DOCUMENTATION SHOULD BE KEPT

A variety of papers should be kept on hand in the event of a brain damage claim. Objective medical data are required to prove the occurrence of a closed head injury. It’s also critical to maintaining track of any invoices you get and the physicians from whom you sought treatment.

PAYMENT FOR STUFF LIKE THE FOLLOWING SITUATION IS ONE OF THE LESS VISIBLE RECORDS:

If there is a problem with your plumbing, you would normally repair it, but you cannot do so for your family due to your traumatic brain injury. As a result, you may be compelled to employ someone.

It’s critical to maintain precise records of your costs in these situations. This gives you more confidence in valuing the accident’s losses.

It’s also crucial to provide your lawyer with the names of people you know, whether they’re friends or coworkers. Such people are sometimes referred to as “before and after witnesses.” Meeting with  folks who had spent significant time with you before the traumatic accident that produced the injury  might be incredibly valuable to the attorney.

These persons may testify as to how the brain damage sufferer has altered following incurring head trauma. This may include short-term memory loss, difficulties dealing with problems, inability to focus or remain on task, depression, and various other symptoms that can occur after a traumatic  brain injury.

SELECTING A PERSONAL INJURY LAWYER

In a recent piece, we went through this in detail. One of the most significant disparities between lawyers is their level of experience. When choosing an attorney to represent you in a traumatic brain injury case, be sure your lawyer has expertise in the pre-litigation phase of a personal injury case and  ineffectively litigating a brain injury case.

The treatment of brain injuries is a specialized field. Many attorneys are unfamiliar with this area of  law and science. As a result, their customers often do not obtain enough compensation or care for their injuries. Because many closed head injuries are not adequately identified at the emergency department or by the treating physician who fails to record symptoms consistent with such, my business requires most of my clients to fill out a brain injury questionnaire.

We carefully question our customers to determine if they have had headaches, changes in their sleep, sense of smell, capacity to focus, problems with short-term memory, or personality changes,  among other symptoms.

If you’re not sure who to hire, look for lawyers who don’t specialize in personal injury. The legal community is typically aware of who the greatest and brightest lawyers are in various fields. Referral  services such as 411 pain or AskGary should be avoided.

Many referral services need attorneys to have malpractice insurance, be licensed by the Colorado Bar, and be prepared to pay a monthly fee to the service. Compared to their colleagues who are not members of a lawyer referral service, such as 411-pain, attorneys members of a lawyer referral  service do not exhibit any exceptional skills or attributes.

In reality, most Colorado Trend’s or Superlawyers’ premier personal injury attorneys are not linked with a lawyer referral service. Former and present customers and colleague lawyers who are highly aware of who is competent in personal injury and brain injury litigation send the bulk of their  business to these law offices and attorneys.

We are proud to say that most of our clients Warrior Car Accident Lawyers, have been recommended to us by prior clients and colleague lawyers in the Colorado Springs area who have seen our work.

A CASE’S PROCESS AND LENGTH

The process of submitting your claim is more like a marathon than a sprint.

If the insurance company refuses to pay the entire amount of your claim, your attorney may decide to take the issue to court. Litigation may be a protracted process. There’s a lot to do between filing a lawsuit, waiting for a response, reviewing discovery, arranging depositions, and waiting for a trial.

If you’re a client of Warrior Car Accident Lawyers, be assured that we’ll do all we can to have your case prepared and ready for trial as quickly as possible. We realize how hard it is to deal with a TBI and the resulting claim.

We want to relieve that worry by providing you with knowledgeable and personable legal law firm. We provide our phone numbers to customers to guarantee that we are available when they need us.

Please get in touch with Warrior Car Accident Lawyers, for a free consultation and case review if you have suffered a brain injury and need the services of a brain injury attorney in Colorado Springs. – 719-300-1100 Warrior Car Accident Lawyers.

Warrior Personal Injury Lawyers
1902 W. Colorado Ave., Ste. 100
Colorado Springs, CO 80904
719-888-3540

Free Consultation

NO FEE UNLESS WE WIN

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