FAQs on Brain Injury Claims

Man with Brain InjuryAnyone can be a victim of an accident wherein the result leads to temporary or permanent brain injury. In some instances, the brain injury only becomes obvious after a period of time. However, if you believe that someone should be held responsible for the injury along with its consequences, then you must take the necessary steps as soon as possible or before time runs out.

Should you file a lawsuit?

If you believe that someone’s negligence has caused the accident leading to brain injury, then you can file a lawsuit. However, proving that the defendant is at fault can be quite difficult. You need to have strong evidence that will prove the misconduct made by the defendant.

A defective product liability is also a basis for filing a lawsuit. This happens when the use of defective products has caused the accident leading to brain injury. You have to prove also that utmost care was being practiced during the time of the accident.

How soon do you need to find a lawyer?

If you are already decided about filing a claim, then your first step is to get a brain injury lawyer in Atlanta. Note that a lawyer would be able to explain to you the ins and outs of the matter, since brain injury litigation involves a combination of legal and medical issues. You need to get a lawyer as early as possible to not miss your state’s statutes of limitations.

Is it required to get a lawyer?

You may not need to hire one if you are considering a voluntary settlement. However, because you may not be aware of the damages entitled to you, you may not receive a fair compensation if you do not have an attorney. Calculating the damages is as complicated as understanding the processes of the litigation itself.

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What legal claim should you file?

The type of claim to file is based on several factors, but more importantly, on the root of the accident. Brain injury that is caused by vehicular accidents, slip, trip, and fall, or intentional physical harm can be brought as a personal injury claim. Medical malpractice can be filed when there has been negligence or misconduct from doctors and other medical staff that lead to the injury.

How are the damages calculated?

Again, only an attorney can give you the closest estimate. This one is just an overview. In general, brain injury claims involve the sum of two types of damages – special damages and general damages. Damages that are reasonably substituted by money, like lost wages and medical bills, fall under the special damages category. Those in general damages include pain and suffering, emotional distress, and other forms of damages that monetary settlement is just a rough substitute.

If you or someone you love suffers from a brain injury resulting from one’s negligence or misconduct, then it is only fair to file a claim for the damages. Learn from the common FAQs but make sure to get an attorney for best legal advice since brain injury cases fall under different types.

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