Around 1.7 million people sustain a Traumatic Brain Injury (TBI) each year in the United States. These injuries are some of the most severe and life-altering injuries that one can sustain after an accident. They are complicated, expensive to treat and manage, and can also affect the lives of the victim’s dependents or relatives because they might need help with daily activities.
Though every brain injury is different, the cases or lawsuits are similar. To claim damages, the victim or their family members will need to show the cause of the injury, prove negligence, show the expenses they have incurred or will incur, any financial losses, and how the injury will affect their lives.
By filing a brain injury lawsuit, victims can compensate for the workdays they missed, pain and suffering, medical expenses, and any other economic or non-economic effects of the accident or injury.
Brain injuries are very complicated to litigate or claim. If you have to claim brain injury, you should consider working with an experienced brain injury attorney from a law firm in Lakeland, Florida. A good attorney will advise and explain to you the options that you have.
Here are a few things that you need to know about these lawsuits:
The Lawsuit Will Depend on the Accident
There are different types of ways through which one can sustain a brain injury. You can sustain the injury due to an accident such as a slip and fall accident, being hit with a moving object, a car accident, or through a medical provider’s mistake. However, if you sustained the injury while undergoing a surgical procedure or being attended to by a doctor or nurse, your attorney would file for a medical malpractice lawsuit. If it were a car accident, you would file for a personal injury lawsuit.
You can also file for a product liability lawsuit if the injury was due to a defective product or a premises liability lawsuit if it happened while on someone else’s property. Your attorney will determine the type of lawsuit you should file and the state laws you must adhere to.
You Might Have to Involve Experts
Proving negligence or breach of duty of care is never easy, especially in medical malpractice lawsuits. You will have to work with experts who are very familiar with the defendant’s line of work and can prove that they were negligent. If your case goes to trial, you will need to have witnesses, including the experts, testify and prove liability. For example, your attorney can work with car accident reconstruction experts to determine how the accident happened and show fault.
If it is a case of medical malpractice, you may have to find doctors or nurses willing to testify against their colleagues. This is never easy, and it might be impossible to convince the jury that the doctor was negligent without another medical expert’s testimony.
The Statute of Limitations
You have limited time to file for a brain injury lawsuit. The deadline to make this claim varies from state to state, and the laws that govern it are also different. Therefore, it is important to work with an attorney from your state because they are familiar with the state’s statute of limitations and how the system works.
If you fail to submit your claim on time, you may lose your compensation and end up dealing with the damages and the effects out of pocket.
Get in Touch with a Brain Injury Attorney
Brain injury lawsuits are challenging; therefore, you will need professional help to file a lawsuit successfully. Remember, the lawsuit’s main aim is to recover damages and take care of any other future expenses. Therefore, to ensure you get compensation, you must get in touch with an attorney immediately and file the lawsuit on time.