Traumatic brain injuries,1 or TBIs, are among the most serious type of injury that a person can sustain. They can occur during virtually any physical activity, ranging from walking down the sidewalk to participating in contact sports. TBIs occur when a bump, blow, or jolt to the head results in a disruption in the way the brain normally functions.
According to statistics2 published by the Centers for Disease Control and Prevention (CDC), approximately 2.5 million TBIs occurred either as isolated injuries or in combination with other injuries during 2010. In many cases, TBI victims sustain significant losses, including substantial medical expenses, lost income due to missed work, physical and emotional pain and suffering, and loss of quality of life, as well as others. In some cases, TBI victims develop disabilities that can affect them for years or even for the rest of their lives. Fortunately for victims, the assistance of an experienced Clearwater TBI attorney can help victims recover significant financial compensation after an injury occurs. Some of the ways that an attorney could help you are detailed below.
Evaluate your claim
Not all TBI injuries result in a legal claim. In order to be able to recover, a person who sustains a TBI in an accident must be able to establish that his or her accident was the result of someone else’s negligence, or alternatively, that the incident that caused the accident would not have occurred in the absence of negligence. When you first meet with an attorney, he or she will evaluate your case and advise you as to whether you may be able to recover.
Obtain evidence in support of your case
In many cases, establishing that negligence was the cause of an accident resulting in a TBI requires a significant amount of investigation and the gathering of evidence. An attorney familiar with representing people who have been injured in preventable accidents will uncover and collect any evidence establishing the negligence of the other party or parties, should it exist. In many cases, getting this type of evidence requires the use of legal procedures such as depositions, interrogatories, requests for admissions of facts, or requests for production of documents. As a result, the assistance of an attorney can be essential in developing the strongest case possible.
Engage in settlement negotiations with the other party or insurance company
The vast majority of TBI cases do not ever see the inside of a courtroom. Most often, the issue of liability is conceded, which means that the only issue that needs to be resolved is the amount of compensation one party will pay to the other. People who are unfamiliar with personal injury law often significantly undervalue their cases, and insurance companies will sometimes take advantage of unrepresented parties by offering them an unreasonably low settlement award. Once a settlement award is accepted, victims are unable to bring a legal claim to recover for their losses. When victims retain an attorney, it significantly strengthens their bargaining position, generally resulting in much higher settlement offers.
File suit on your behalf
In some cases, the party responsible for a TBI injury refuses to make a reasonable settlement offer or concede liability. In such cases, it may become necessary for a TBI victim to file a lawsuit in order to recover for his or her injuries. An attorney will file a lawsuit and, if necessary, conduct a trial on your behalf.
Contact a Tampa TBI attorney today to schedule a free consultatio
It is highly advisable for individuals who have sustained a traumatic brain injury as soon as possible after an accident occurs. The lawyers of the Dolman Law Group have been representing the legal rights of people who have injured in preventable accidents since 2009 and are committed to holding negligent parties responsible through the civil court system. Importantly, we take all of our TBI injury cases on a contingent fee basis, meaning that our clients do not have to pay anything up front for legal representation. Any legal fees that we collect will be a percentage of the settlement or award we obtain on your behalf. To schedule a free consultation with one of our lawyers, please call our office today at 727-451-6900.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756