TBI Lawsuit FAQs

If you or a loved one has suffered a traumatic brain injury because of an accident or the negligence of another person or organization, you may be wondering whether you should pursue a personal injury claim. The only way to know for sure is to meet with a skilled and experienced personal injury lawyer for a free case evaluation. The lawyer will fully evaluate your situation and disclose your legal rights.

If you are thinking that you can save money by negotiating directly with the insurance company, you need to know that people who hire personal injury attorneys usually receive at least five times the compensation they would receive if they negotiated on their own (even after paying a percentage to the lawyer for attorney fees). If you feel that the insurance company has offered you a fair settlement, it is still in your best interest to get an opinion from an attorney. During the free consultation, you can determine the best way to proceed.

TBI lawsuits fall under personal injury law so you want to look for a skilled and experienced personal injury attorney to bring a TBI case. Ask about the attorney’s experience with personal injury and TBI cases, the results he or she has achieved, and their contacts with the brain injury medical community before you hire them.

Victims of TBI are often accused of faking their injuries in court by the defense counsel and the insurance companies for the defendant. The best way to avoid the jury turning on you is to show that you followed the advice of your doctors and therapists. If they recommend that you return to work and you feel able, then go ahead and return. Don’t force yourself to return to work, however, if you are not ready.

There are several types of experts who may be called on to help personal injury lawyers in a TBI lawsuit:

Life care planners are used to create and quantify a plan for present and future medical care and other services required because of the injury.

Medical specialists such as brain surgeons and neurologists are called upon to offer expert medical testimony or as experts to perform and analyze medical tests and records. Medical experts are retained to help prove that your injuries are real and assess the cause and extent of damage.

Neuropsychologists are often employed by the defense team. They analyze the victim’s brain to show any quantifiable effects of the brain injury. The plaintiff’s lawyer would typically retain their own neuropsychologist to analyze and rebut the defense claims.

Employers are called upon to establish the victim’s past and future wage losses.

Economists are called on to provide evidence of the victim’s monetary losses by calculating them into present and future values. Factors that are considered are inflation, cost of living increases, wage increases, etc.

Every case is worth a different amount. In a trial, the jury “calculates” a personal injury award by placing a dollar amount on several areas of loss or suffering. They follow instructions provided by the judge and apply the law to the case. If a settlement is reached before trial it is because your attorney was able to negotiate an amount that was fair and reasonable for your injuries.

Common damages covered in a TBI case:

• Medical care
• Lost wages
• Loss of consortium (loss of income, companionship, child care, etc. from your spouse due to their injury)
• Emotional distress
• Pain and suffering
• Disability
• Loss of enjoyment of life

personal injury lawyer expects the defendant to hire a defense attorney who will vigorously attempt to reduce or eliminate the defendant’s liability in the injury. An injury attorney acts as an experienced and professional adversary who will overcome the common tactics used by defense lawyers. He or she will interview and retain witnesses, investigate and research issues and gather supporting documents.

The complexity of the case and whether the attorneys are able to work out a settlement without going to trial are both factors in the time the process will take. Although reaching a pre-trial settlement is the more desirable solution, it can still take months or even years. A trial typically takes even longer, costs are more, and there is a chance that the other party will appeal any decision.