The brain contains our memories, our fears, and our sense of identity. That is why a traumatic brain injury can feel like a part of oneself has been stolen. This is made all the more difficult when insurance companies try to deny you compensation to receive the treatment you need and deserve. Filing a traumatic brain injury claim with a competent attorney earns on average three times the average payout of going it alone.
Why File a Brain Injury Claim?
Receiving treatment for a traumatic brain injury can be time-consuming and expensive. Since your brain affects almost everything you do, there is a wide range of treatments and therapies that you may have to undergo. This means not only mounting medical bills but also time away from work, making expenses even harder to meet. On top of this, your maximum medical improvement, or the furthest your recovery is expected to progress, may not allow you to return to work, forcing you to retrain. You should not be on the hook for expenses related to a brain injury that was not your fault.
What Causes Brain Injuries?
Brain injuries can occur in a number of ways, including physical trauma, chemical poisoning, or suffocation. Most cerebral wounds occur as a result of falls, particularly among children and the elderly. If your brain injury happened in an accident, on the job, or under medical care, you may be entitled to compensation for damages. Causes include:
- Motor Vehicle Accidents: All drivers are required to carry insurance, and when one is responsible for a traumatic brain injury, their insurance covers not only automotive damages but also medical expenses related to motor vehicle accident injuries. You will need to prove that your brain injury was the result of a car crash and that the accident was not your fault.
- Work-Related Mishaps: Most employers in the United States are required to carry workers’ compensation insurance. To be eligible for workers’ compensation, you need to prove that your injury happened during the course of employment, not that your employer was at fault.
- Medical Malpractice: Medical malpractice insurance is a requirement in nearly all states for a physician to practice medicine. To make a medical malpractice claim, you must prove that your physician was responsible for your injury.
In all of these cases, you will need a physician to assess the scope of your injuries and make a determination as to the best course of medical action. The nature of your recovery regimen, and whether it takes you away from work, will be part of what determines the compensation you are entitled to. With an experienced attorney, you may also be able to recover damages for emotional distress, pain and suffering, and any effects on your personal life. Combined, your claim could be worth millions of dollars.
What’s the Process Like?
When you hire an attorney, you are still in control of your legal case. Although your lawyer will provide advice and expertise, they are ultimately bound to honor your decisions as to whether to take a settlement or seek further legal action. Filing your case almost certainly means that you will be seeking damages from an insurance company. Such companies have all sorts of legal tricks to try to withhold the money you deserve, so having an experienced attorney is crucial to being able to quickly counter these maneuvers. Even with a lawyer, this process can take years. Without an attorney, following through on the process can take even longer, and you’re likely to walk away with a fraction of what you would have if you had hired legal representation.
File Your Claim Today
If you or a loved one has suffered a traumatic brain injury, you may not be alone. Your injury may represent one of dozens, hundreds, or even thousands of parties affected by a systemic risk from a medical provider, product manufacturer, or employer. In this case, you may be eligible to file your claim as a class action suit. At ClassAction.com, our attorneys have a national award-winning reputation. We have recovered more than $5 billion in damages, and we will fight tirelessly for you. Contact us today for a free case review.