Traumatic Brain Injury Lawyers

A brain injury lawyer has experience in obtaining compensation for people with traumatic brain injuries by providing vital assistance in the legal process to secure compensation.

A TBI lawyer has experience and success in obtaining the maximum compensation for individuals with traumatic brain injuries. The best TBI lawyers are well-versed in medicine and law, and have the knowledge to guide and advise people with brain injuries and their families throughout the legal process. Experienced lawyers have the history and ability to secure full compensation through jury verdicts and out-of-court settlements.

Most experienced lawyers will meet with you, advise you regarding the statute of limitations, and assess the viability of a claim. If an experienced attorney is available and believes in the claim, they usually agree to represent you and your family on a contingent fee basis. A contingent fee means that there will be no legal fees or reimbursement of costs unless there is a recovery. They also have a network of other lawyers and advocates that they can recommend in various specialties such as workers compensation, education law, Social Security, Medicare and Medicaid, wills, estates, trusts and veterans’ benefits.

As part of their service, brain injury attorneys help individuals identify the grounds for a brain injury lawsuit, and maximize the financial recovery. They have the experience to determine who the parties are that are responsible for the injury and hold them financially accountable for the lifelong expenses required to care for a brain injury patient. These attorneys can assist in cases where the cause of the injury might not be clear.

In many cases the identity of all of the responsible parties is not clear, and not identified in police reports or other investigations, such as an employer’s report of the injury filed with the state. Brain injury lawyers have years of experience in fully and thoroughly investigating cases involving motor vehicle crashes, motor vehicle defects, falls, construction accidents, school and sports related injuries, product defects and medical malpractice.

Brain injury lawyers guide their clients throughout the legal process, from building a strong case and filing lawsuits to negotiating settlements and advocating in court. They are committed to ensuring that brain injury victims and their families receive the compensation they rightfully deserve.

What Are the Qualities of an Experienced Brain Injury Lawyer?

Experienced lawyers who successfully represent individuals with brain injuries and their families work diligently to explore all legal options, including lawsuits against those that caused or worsened the injury. They also advise or refer to other experienced attorneys regarding various issues concerning insurance (health, disability, and auto insurance) and government insurance benefits.

As part of their service, experienced attorneys help individuals with a TBI and their loved ones identify the causes of and the grounds for a brain injury lawsuit. Experienced lawyers know how to determine the parties responsible for the injury and hold them financially accountable for the lifelong expenses that will be required to care for the person with disabilities. These attorneys can be particularly helpful in identifying cases where the cause of the injury might not be clear. The law firms that do this work must have substantial financial resources to advance the costs needed to fully investigate and prove a case. It is expensive to hire top engineers, doctors, and scientists to investigate and prove these cases. Experienced firms can afford to and do advance these costs, and if there is no recovery, they do not seek reimbursement of those costs from you.

Experienced lawyers guide their clients throughout the legal process, from building a persuasive case and filing lawsuits to negotiating settlements with insurance companies and succeeding at trial. They are committed to ensuring that brain injury victims and their families receive the compensation they rightfully deserve.

Selecting a qualified brain injury lawyer is the initial step in pursuing compensation for a brain injury.

Brain injury patients and their families can reach out to experienced brain injury attorneys for a case evaluation, which should include:

• A complimentary case review to explain claim eligibility and filing options.
• Identification of potential sources of compensation and benefits, such as settlements, government benefits, and insurance.
• A demonstrated wealth of knowledge and experience in successfully litigating brain injury cases and in the medicine and laws.
• An organized, professional investigation to obtain and protect pertinent evidence to support brain injury claims, including medical records, witness statements, documents, and physical evidence.

Time Limitations for Bringing Claims

All lawsuits for injuries claims must be filed by or on behalf of the injured party with the court within certain time limitations (a statute of limitations). Time limits are established by law. The failure to file on time can result in an injured person losing their right to ever pursue a claim for injuries. People with TBI and their families must be aware of all deadlines.

It is essential to seek legal counsel promptly after a TBI to ensure compliance with statutes of limitations and to protect legal rights. Experienced brain injury lawyers guide individuals through the complexities of the legal system and help them navigate the claims process efficiently.

And there are other deadlines on injury claims  established by another state laws, known as a statute of repose. For example, in Pennsylvania, lawsuits against builders or design professionals for construction defects are barred if they are filed more than twelve years after the date construction is completed. There are also statutes of repose laws concerning medical malpractice and products liability claims in some states.

In addition, most states have enacted tort claims notice statutes that set deadlines for filing a written notice of a potential claim against the government. And these notice requirements have truly short deadlines. If the written notice is not filed by or on behalf of the injured party within the time limits, following the instruction in the state law, it may affect or eliminate the ability to pursue any claim against the state or local government.

Each state has its own deadlines and  rules. It is your obligation to follow these rules. Accordingly, whenever there is any possibility that you will investigate a claim, you need to be aware of the deadlines as soon as possible, and do what is necessary to protect your rights. As previously recommended, in any case involving TBI or any severe injury, a consultation with an experienced lawyer is necessary early in the process. You will have questions and need experienced legal advice, and may need help to protect evidence before it disappears, locate witnesses, and perform a thorough investigation. That is what experienced lawyers do.

To learn about your legal rights, read the article Traumatic Brain Injury Lawyers, request our Free Book, or connect with an experienced TBI lawyer.