What Qualifies by law as a “Traumatic Brain Injury”?
It’s a pretty serious matter in law practice, specifically in the field of personal injury. And without a doubt landing a good brain injury law firm would account for relief in several areas –
1. Emotional Distress
2. Physical Pain
3. And Financial Burden
There are some key things brain injury law firms would have to know about such an accident causing something like ‘brain damage.’ Because quite frankly – not every injury can be tried in a court of law.
The Causes of Traumatic Brain Injury
For starters, a good brain injury law firm would have to prove a number of things. And it would do a client well to know the ins and outs about whether or not the claim is viable. Commonly, free consultations with several reputable brain injury law firms would give a client a pretty good idea about whether or not a case would have a chance in court.
Here’s what brain injury law firms would look for:
1. Falls Among the Elderly
2. Automobile Accidents
3. Influence of Drugs and/or Alcohol
4. Negligence
5. Defective Product or Environment
6. Construction Accidents
7. Wet or Slippery Floors
8. Unsafe Playgrounds
9. Workman’s Comp Cases
10. Basically Anything That Is Unsafe in the Environment
Most importantly, though, brain injury law firms will look for this single aspect to determine whether the case is viable or not….
The Client Has to Not Be at Fault for the Injury
Sometimes that may be easy to prove; sometimes not. Sometimes it all depends on the skill and savvy of the brain injury law firm and the level of quality of lawyers working. But without a doubt, there are certain aspects that must be proven in a court of law for any client to win compensation for a traumatic brain injury:
1. The Brain Injury Law Firm Must Prove That the Incident Caused Harm to the Plaintiff.
2. The Brain Injury Law Firm Must Prove That the Plaintiff Is Entitled to Compensation.
3. And the Brain Injury Law Firm Must Prove That a Negligent Party Was the Cause of the Accident.
In the long run, the burden of proof can be pretty heavy for some cases; and for sure even the most skilled brain injury law firms in the world would have some serious research to conduct.
Common Settlements in Traumatic Brain Injury Lawsuits
If by chance any skilled brain injury law firms are able to prove beyond a shadow of a doubt that compensation must be awarded to a Plaintiff, the settlement amount can be anything in regards to….
1. Medical Bills
2. Lost Wages
3. And General Pain and Suffering
How Do You Find a Good Brain Injury Lawyer?
Simply do the research. Contact firms in the area. Meet with the attorneys to discuss the case. Most importantly, you absolutely have to determine whether or not the case is worth taking to court.
And knowing what qualifies as a ‘traumatic brain injury’ is important.
Don’t despair, though, if one or two lawyers choose not to take the case. The fact is every attorney out there working personal injury law operates differently –
1. Some Focus on Evidence
2. Some Focus on Cross-Examination
3. Some Focus on Direct Examination
4. Some Handle Cases Involving Car Accidents
5. Some Handle Cases of Malpractice in Hospitals
6. Some Handle Worker’s Comp Cases
The list actually goes on and on. And each case can vary. So the bottom line is if you’re a client dealing with the lack of compensation due to a traumatic brain injury, set up a good “shortlist” of ,lawyers –
And then meet with each of them. Ask the right questions, like….
1. What kind of “traumatic brain injury” cases do you handle?
2. Where did you receive your law degree?
3. How many clients do you have?
4. How many clients can you handle?
5. What KIND of clients do you normally take?
6. Have you won many cases?
7. Have you lost any cases?
8. How MANY cases have you lost?
And, of course, the most important question of all in any free consultation:
9. Can you take my case?
If the answer’s ‘yes,’ keep the lawyer on the shortlist and see which one will come out on top when all the research is said and done. If the answer’s ‘no,’ move on.
It’s obvious that some lawyers might say ‘no,’ and for obvious reasons:
10. Too Much on the Caseload
11. Not Confident in the Details
12. Not the Area of Expertise
It’s important to know, though, that as long as you, the client, suffered the injury through no fault of your own, a traumatic brain injury lawsuit is possible. The details – whether or not they can be proven in a court of law – that’s what will determine whether or not the lawsuit will result in compensation.
The Bottom Line of Personal Injury, Specifically “Traumatic Brain Injury”
Everyone basically deserves compensation for any injury if there was no fault on the injured party. The question is whether or not that can be proven in a court of law.
So obviously all the key aspects need to be in place –
1. A Savvy Lawyer
2. The Right Case
3. Good Details
4. And the Ability to Go For It
Some clients simply leave it alone and deal with the medical expense and lost income. That should never be the case. If there’s a chance that a prospective client can receive compensation for an injury – especially a traumatic brain injury – there’s always encouragement to pursue a lawsuit.
This is the case for most personal injury lawsuits, tying in to everything from workman’s comp issues to a simple trip to the mall and hitting a knee or forehead onto the wall due to slippery floors.
Compensation is necessary. Just know all the important aspects: what qualifies as a “traumatic brain injury,” and which lawyer can prove it beyond a shadow of a doubt.
Case dismissed.