If you or a loved one is the victim of an accident that caused a brain injury, the struggle to maintain your daily activities can be extremely difficult. The victim of a traumatic brain injury likely faces temporary or permanent damage that can result in economic and non-economic losses. When someone else is the cause of your brain injury through an intentional tort or through negligence, you have the right to seek compensation for your personal losses. Filing a personal injury claim can help you with your losses. While a case may seem cut and dry when you know another person injured you, personal injury lawsuits can quickly become complex and there is a great deal of legal knowledge that you must have. Because of this, it can be extremely beneficial to have an attorney on your side to walk you through the process of a personal injury claim and discuss the options that are right for you.
How Will an Attorney Help My Case?
There are a few reasons you should have legal assistance when filing a personal injury claim for your brain injury. These are:
- Determining Your Damages
- Proving the Person’s Negligence, and
- Being Faced With Contributory Negligence Claims
Determining Your Damages. It can be particularly hard for someone without a legal background to come up with a proper amount for their injury and determine the exact damages they are seeking. However, a lawyer can help you decide if you are seeking damages for:
- Pain and Suffering
- Medical Bills and Costs
- Loss of Income
- Loss of Life Enjoyment, and
- Physical and Emotional Trauma
Especially for the non-economic damages, it can be particularly hard to place a price tag on them. However, an attorney can help determine the cost of your intangible losses.
Proving the Person’s Negligence. This can be particularly tricky in some cases. To win your personal injury case, you and your attorney must prove that the defendant acted negligently in some way and caused your brain injury. To do this, you must gather the appropriate evidence through witnesses, potential police reports, and consultations with a medical professional. A lawyer can gather this type of evidence and ensure they are from professional and reliable resources to give you a strong case.
Facing Contributory Negligence Claims. In brain injury cases, like many personal injury cases, the responsible party will often try to assign partial blame to you. This can help show a court they were not fully liable for your injuries. When you are accused of contributory negligence—and if it is successful—some states will not allow you to recover any kinds of losses for sharing responsibility. An attorney can be helpful in making the proper defense against this kind of claim.
Finding the Right Attorney For Your Brain Injury Case
It not only helps your case to have a legal ally, but it is imperative that you have the right legal ally for your case. This can make your brain injury claim more effective and it can help combat accusations from the defense. If you are looking to speak with an attorney who can help with your brain injury claim, call a brain injury law firm Woodland Hills, CA relies on today.
Thank you to our friends and contributors at Barry P. Goldberg for their insight into brain injury cases and the benefits of having an attorney.