Suffering a traumatic brain injury due to someone’s else’s actions is devastating. TBI lawyers can help with your case and get justice, especially if you must negotiate with insurance companies.
Did you know that traumatic brain injuries have led to 64,000 deaths in the United States? Each year, victims of TBI accidents deal with massive medical bills and ongoing therapy that results in even more losses. Laws exist to help these victims recover financial compensation, but in many cases, you won’t receive the largest settlement without a traumatic brain injury attorney.
The personal injury attorneys at our law firm have an incredible track record in helping traumatic brain injury victims file claims and win against negligent doctors, drivers, trucking companies, and insurance negotiators. It’s one of our many personal injury practice areas, and we have over 40 years of experience in recovering compensation for our clients.
To find out if you have a case for negligence resulting in a traumatic brain injury, please contact our head injury lawyers for a case evaluation. We’ll happily answer your questions and let you know how much your traumatic brain injury case is worth. You may also want to speak to an auto accident lawyer if this injury was the result of a reckless, negligent driver.
To file a brain injury lawsuit, the victim must have endured trauma as a result of someone else’s negligence. In these claims, the brain injury attorney representing the victim must be able to prove the following:
Duty of Care
This phrase refers to a legal obligation that requires a provider to exercise the standard level of care to prevent harm to the patient. For instance, a doctor would have the duty to perform up to the reasonable level of care created by the medical community.
Breach of Duty
Individuals, companies, providers, or another entity may be sued for negligence if they breached this duty of care. For example, a provider makes a mistake in an operation that isn’t acceptable by medical community standards. Then they have breached their duty of care.
Causation
The victim must also prove that the defendant’s negligence was responsible for the brain injury and damage that occurred.
Damages
When victims file a claim, the injury has to have caused some type of damage, whether economic or non-economic.
There are many types of brain injuries that can result in a permanent loss of wages and medical bills. To ensure that you or your loved one is taken care of, a traumatic brain injury lawsuit can be the best way to recover financial compensation.
One of the ways that we can help is by using medical experts’ testimony to show how the brain injury was caused by negligence and how it will continue to affect the victim’s life. We work with medical experts who help us show causation, which is one of the most crucial and difficult elements to prove in negligence lawsuits like traumatic brain injury cases.
Experts will examine medical records and conclude whether the medical provider failed to meet the standard of care that is required by the medical community. They will also gather evidence to prove the failure of the provider, which could use computer simulations of the original accident.
We have used medical expert testimony to show jurors and judges who don’t necessarily know medical knowledge that there was a link between the responsible party’s negligence and the brain injury that resulted. We can utilize this type of medical expert testimony in your case.
There are a number of different brain injuries that could be the result of negligence. However, we’ll help you understand your case when you call for a case evaluation. This is the best way to understand if you have a case.
Some of the brain injury cases we have handled in the past include:
Vehicle Accident Resulting in Brain Injury
When lawsuits involving motor vehicle crashes occur, the best accident attorney will be able to show that the defendant was negligent behind the wheel, and operating the vehicle irresponsibly. Motor vehicle crashes are the number cause of traumatic brain injuries in the United States among those aged 15 to 44 years old.
Medical Malpractice Lawsuits
If your brain injury is a result of a doctor, hospital, or other provider’s negligence, then the lawyer must show that they deviated from the acceptable level of care expected by their medical community. This resulted in brain injury.
At-Work Accidents
When on the job and you suffer a traumatic brain injury, you may be able to recover compensation through workers’ compensation laws. However, the company may also be held liable due to negligence.
There are a variety of damages that could be awarded based on your injury and the details of the case. For example, you may be able to recover losses from medical bills, pain and suffering, loss of life’s employment, lost wages, and wrongful death.
Members of the family can also file this lawsuit for other losses that they face, including loss of companionship and pain and suffering. In cases where the brain injury has caused excessive damage and the victim isn’t able to file a claim, the family may do so on behalf of the victim and work with a traumatic brain injury attorney to win the case.
If you or a loved one has suffered a traumatic brain injury, you shouldn’t hesitate to reach out to a lawyer who can help with your case. You need someone who understands the law to represent you and file the necessary paperwork, as well as negotiate with insurance companies, to ensure that you get the right compensation. In addition, it’s important to file your case within a certain period of time due to the statute of limitations.
When you’re ready to get justice for yourself and your family, do not hesitate to contact our law firm and get a case evaluation. This will help you understand the details of your case and what you’ll need to prove in order to win. We’ll also be able to let you know how much your brain injury lawsuit is worth and what compensation you might receive to cover medical bills, lost wages, and more.
Gurvis Personal Injury Lawyers has handled thousands of cases since 1981 with a favorable result for our clients. There are NO FEES from us unless you get paid. Our job is to get top dollar for the injuries sustained.
The average person can expect to be in an accident several times in their lifetime. Choosing the right personal injury lawyer to protect your rights can seriously affect your financial future as well as the quality of care you receive after a motor vehicle accident. We know it is not an easy decision. We know our experience of over 40 years matters; it is all about protecting our clients’ rights. We are professional in every step of your claim as we methodically piece together every aspect of your case. We are the legal team to represent you.
The sooner your case is filed, the sooner you will receive the results you deserve. Insurance companies only have one goal – to settle your case for the least possible amount. Claim adjusters may try to hassle you for statements, ask misleading and manipulative questions, or try to settle quickly. That all stops when Gurvis Personal Injury Lawyers represent you.
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