Brain injury claims and lawsuits are complex legal cases that arise when an individual suffers a brain injury due to another person’s or entity’s negligence. These types of cases involve a wide range of legal issues and can be very challenging to navigate. The following are some frequently asked questions our personal injury lawyers hear from clients and their families.
What is a brain injury claim?
A brain injury claim is a legal action that seeks to hold a person or entity responsible for a brain injury caused by that party’s negligence. The purpose of the claim is to recover damages to compensate the injured person for their losses, including medical expenses, lost wages, and pain and suffering.
What are some common causes of brain injuries in accident claims?
Brain injuries can result from a variety of causes, including car accidents, pedestrian accidents, motorcycle accidents, slip and fall accidents, medical malpractice, and sports-related injuries.
Who can file a claim?
The person who has suffered the injury can file a claim, or in some cases, their family members may file the lawsuit on their behalf if the victim has been left permanently disabled and unable to act on their behalf.
What kind of damages can be recovered in a brain injury claim?
Damages in a claim can include medical expenses, lost wages, pain and suffering, and emotional anguish. In cases where the injury results in permanent disability, the victim may also be entitled to damages for loss of future earning capacity, future medical expenses, loss of life enjoyment, and more.
How long do I have to file a brain injury claim?
The statute of limitations for filing a lawsuit varies by state. In Virginia, the victim has two years from the date of the injury, while in North Carolina, the statute is three years. Some factors may impact the statute of limitations, so it is essential to consult with an attorney as soon as possible after the injury to protect your right to pursue damages.
How can I prove negligence in a brain injury claim?
To prove negligence in your claim, the victim must show that the defendant had a duty to exercise reasonable care, that the defendant breached that duty, and that the breach caused the injury, which resulted in the losses the injured person has sustained. This can be done by gathering evidence such as accident reports, eyewitness testimony, medical records, and more. Your attorney will work diligently to get the evidence needed to prove your case.
Do I need an attorney for a brain injury claim?
It is highly recommended that you seek the assistance of an experienced personal injury attorney if you are considering a claim. These cases can be very complex, and an attorney can help you navigate the legal process, negotiate on your behalf with the insurance company, and ensure that you receive the maximum compensation for your injuries.
How long does a brain injury claim take to resolve?
The length of time it takes to resolve a claim can vary depending on several factors, including the complexity of the case and whether or not it goes to trial. Your personal injury attorney will evaluate your case and provide an estimated timeline and what issues may arise.
Can a claim be settled out of court?
Yes, claims can be settled out of court through negotiations between the parties involved. Most personal injury cases never make it to trial because the parties can negotiate a fair and just settlement for the victim. Your attorney will make sure that any settlement offer fully compensates you for your losses.
Contact Our Personal Injury Law Firm for Legal Assistance
If you or a loved one has suffered a brain or head injury due to the negligence of another person, you may be entitled to financial compensation for the pain and losses that were a result of that injury. Our Virginia brain injury attorneys have successfully represented many accident victims and their families, like the $5.5 million truck accident settlement for a family whose daughters both suffered brain injuries when a commercial truck driver rear-ended their car at a red light.
Contact Shapiro, Washburn & Sharp to schedule a free consultation and learn about your legal options.