Guide to a Traumatic Brain Injury Lawsuit

When you or a loved one is hurt in an accident, a traumatic brain injury can feel devastating because it permanently alters your life and affects the wellbeing of your family. You or your loved one may be in a comatose state or laid up in the hospital for a long period of time trying to recover from this serious head injury. Once you are moved to a rehab facility or to your home, you may have more recuperation time to endure before you start to stabilize. Your treating doctor may even arrange for therapy and for medical support to come to your home. Like a stroke or another trauma, a TBI can cause permanent brain damage. You may have to relearn how to perform basic life functions such as walking, talking, reading, feeding yourself, using the restroom, putting on your clothes, and driving a car. Then, you may have to tackle more complex problems, such as how to manage your budget and get all your medical bills covered. These functions of being an independent adult are easy to take for granted when you are healthy, and they can take time to regain following an injury. Following a TBI, it may also take a long time before your doctor decides you have a permanent injury and/or that you’ve reached your maximum medical improvement (MMI).

What to Expect


A traumatic brain injury lawsuit assumes that you are not at fault and that there is some person or entity who is legally liable for what occurred. There must be at least one “pot of money,” so to speak, from an insurance company or in the form of the defendant’s assets from which your attorney can seek a recovery. The case is dead in the water without a defendant and a place to seek damages. Fortunately, we work with these kinds of cases every day and are fully committed to fighting aggressively on behalf of brain injury victims to win fair compensation. We seek special and general damages, which cover medical bills, lost wages, lifetime medical care, and emotional pain and suffering. If an insurance company fails to make an offer in a situation where their client was negligent, it may be possible to pursue a bad faith claim on behalf of the injured victim.


Filing a Lawsuit


Typically, you will seek the assistance of an attorney to advise you of the time you have left to file a claim. You will also need to prepare a demand for damages. Some insurance companies will only start to pay attention to your potential claim after your attorney files a lawsuit. Once this critical legal step is taken in your TBI matter, it could take years to resolve the case. You cannot receive any guarantees from an attorney that you will make a recovery. This occurs partly because insurance companies only pay out claims when they have to. They will also try to get your attorney to accept pennies on the dollar for your medical damages. If you have a good attorney specializing in personal injury cases working on your behalf, you can hold out for a better settlement offer. If the case goes to court, your lawyer may be able to win a jury verdict on your behalf, which could increase how much compensation you receive at the end of the case. Going to court is expensive for your attorney and the defendant’s attorney, but the insurance company usually handles their legal fees.

Find out today if you need legal representation to hold the defendant accountable for your brain injury. You deserve justice, but the legal process takes time. There is no certainty that you will recover anything for your losses. There must also be medical evidence to support your claim and lasting effects on your health and ability to earn a living as a result of these injuries. We are happy to review your case and determine your course of action!