Traumatic brain injuries are costly and can change the lives of victims. Getting fair compensation is possible when you work with a lawyer.
Legal professionals will do the legal legwork for you, including filling out confusing claims paperwork, meeting deadlines and requirements, and using their connections to judges and courts. They will also establish all your losses to calculate your damages.
1. Identifying the Cause of the Accident
The first step to a successful compensation claim involves identifying the cause of your accident. This is often done by gathering medical records and statements from witnesses.
The second step involves proving your losses, which may include medical expenses, loss of income, and other financial losses caused by the injury. This requires detailed records and other evidence, such as photographs and videos.
A mild or moderate brain injury can have lifelong consequences, including overwhelming medical bills and other financial hardships. They can also impact a victim’s quality of life and relationships.
Experienced brain injury lawyers like the brain injury lawyers at Fuicelli & Lee understand that traumatic brain injuries are complex and delicate, and they can help you navigate the legal and medical process while recovering compensation for your losses. Their understanding of the complexities of brain injuries helps them determine how your injuries have impacted your life and work to maximize your settlement amount. They are also familiar with insurance companies’ tactics to reduce or deny your claim.
2. Gathering Evidence
Even a mild brain injury can have significant costs and consequences. Victims must often pay for medical expenses, lost wages due to time off work, and loss of enjoyment of life—injuries can affect your ability to participate in hobbies or social activities that you once enjoyed.
Damages are not a fixed amount and depend on some factors, including:
To receive the maximum compensation possible for your losses, you must provide compelling evidence that supports your claim. This includes detailed records, statements, and testimony from medical professionals who can speak to the extent of your injuries and other evidence demonstrating the impact on your life.
It’s also important to consider past and future costs when calculating damages, including any past or ongoing medical bills, future care costs, loss of employment opportunities, loss of income from investments or retirement accounts, and other related financial consequences. A lawyer can help you determine a fair settlement. If a settlement cannot be reached, a lawsuit can be filed to have your case heard before a judge and jury.
3. Negotiating with Insurance Companies
Brain injuries can cause a host of financial losses. This includes medical expenses, loss of future earnings, and the cost of making a home or car more accessible. In addition, victims must consider the emotional and psychological costs of their injuries.
The at-fault party often carries insurance policies that can help pay for these damages. Experienced attorneys can negotiate with multiple insurance companies to ensure a victim receives maximum compensation.
They can also fight lowball settlement offers that attempt to pressure claimants into accepting less than they deserve. If an insurer is unwilling to offer a reasonable settlement, they can file a lawsuit and present their case to a judge and jury. This can be enough to convince the insurance company to increase their offer. The exact amount of damages a victim will receive depends on the severity of their injury and its long-term impact.
4. Taking Your Case to Court
Although no money can replace the life you enjoyed before your accident, compensation can help you move forward and obtain the medical care you need to manage your brain injury symptoms. Your lawyer will work to maximize your potential settlement by proving your losses in court through detailed records, expert testimony, and other evidence.
Compensatory damages cover both economic and non-economic losses. Economic losses include lost income, medical costs, and ongoing treatment needs. Non-economic losses include emotional distress, loss of quality of life, and the impact on family members. In rare instances, the courts may award punitive damages to punish a liable party for gross negligence or willful misconduct.
Conclusion
Traumatic brain injuries not only leave physical scars but often result in lasting emotional and financial burdens on the victims. Navigating the complex legal landscape in the aftermath can be daunting, and victims can easily feel overwhelmed.
This is where the expertise of specialized brain injury lawyers, such as those at Fuicelli & Lee, becomes invaluable. Through a meticulous process of identifying the accident’s cause, gathering compelling evidence, and robustly negotiating with insurance companies, they ensure that victims secure fair compensation that reflects both their economic and non-economic losses.
While monetary compensation can never fully restore the life one had prior to the injury, it is instrumental in assisting victims to manage their medical care and adapt to new life circumstances.
Furthermore, the potential of taking the case to court, presenting a strong evidence-based argument, and possibly obtaining punitive damages sends a clear message about the repercussions of negligence and misconduct. Thus, having a competent lawyer is not just about securing compensation but also about ensuring justice and setting a precedent for accountability.
