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Car Accident Attorneys Experienced with Traumatic Brain Injuries

March 26, 2024

Car Accident Attorneys Experienced with Traumatic Brain Injuries

If you or a loved one has suffered a traumatic brain injury (TBI) in a car accident, it’s crucial to work with attorneys who have specific experience handling these complex cases. TBI can have devastating, lifelong impacts and requires skilled legal representation to ensure you receive the compensation you deserve.

What is Traumatic Brain Injury?

Traumatic brain injury occurs when a sudden trauma, like the impact of a car crash, causes damage to the brain. Symptoms can be mild, moderate, or severe depending on the extent of damage.1Common signs of TBI include:

  • Loss of consciousness
  • Confusion and disorientation
  • Headache
  • Nausea or vomiting
  • Fatigue or drowsiness
  • Speech problems
  • Dizziness or loss of balance

Some of these symptoms may appear right away, while others may not be noticeable for days or weeks after the injury.(https://www.ninds.nih.gov/health-information/disorders/traumatic-brain-injury)

The Impact of TBI

The effects of a traumatic brain injury can be profound and long-lasting. Victims may face:

These challenges can impact every aspect of a TBI survivor’s life, from their ability to work and manage daily tasks to their relationships and overall quality of life. The lifetime costs of treatment for a severe TBI can exceed $4 million.(https://www.brainandspinalcord.org/cost-traumatic-brain-injury/)

Why You Need a Specialized Attorney

When you’re dealing with the aftermath of a serious car accident and traumatic brain injury, you need an attorney on your side who understands the complexities of these cases. Here’s why it’s important to work with a lawyer experienced in handling TBI claims:

1. Proving Liability

Determining fault in a car accident case involving TBI requires meticulous investigation and a deep understanding of the medical evidence. A skilled attorney will gather and preserve evidence like:

  • Police accident reports
  • Eyewitness statements
  • Photos and videos from the scene
  • Vehicle damage assessments
  • Data from electronic logging devices in commercial trucks
  • Cell phone records to prove distracted driving

Your lawyer will also work with accident reconstruction specialists, medical experts, and other professionals to build the strongest case possible and prove the other party’s negligence caused your injuries.

2. Calculating Damages

Putting a dollar amount on the impact of a traumatic brain injury is challenging. There are economic damages like:

  • Medical bills
  • Lost income
  • Reduced earning capacity
  • Ongoing care costs

But there are also non-economic losses to consider, such as:

  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment of life
  • Loss of consortium

An experienced TBI attorney knows how to thoroughly document all of your damages and fight for a settlement that reflects the true toll this injury has taken on your life. They won’t let the insurance company downplay or lowball the value of your claim.

3. Handling Complex Negotiations

Brain injury cases often involve substantial damages and complex medical evidence. Insurance companies have teams of adjusters and lawyers looking for every opportunity to deny, delay, or undervalue your claim.You need an aggressive attorney who won’t hesitate to take your case to trial if the insurance company won’t make a fair settlement offer. Your lawyer should have a track record of success in handling TBI cases and the resources to go toe-to-toe with big insurers.Some of the tactics insurers may use include:(https://www.nolo.com/legal-encyclopedia/tactics-insurance-adjusters-use-reduce-deny-accident-claims.html)

  • Requesting unnecessary information to delay your claim
  • Disputing the extent of your injuries
  • Claiming your injuries were pre-existing
  • Making lowball settlement offers
  • Pressuring you to accept a quick settlement before you understand the full extent of your damages

An attorney who specializes in TBI cases will anticipate these strategies and fight back against any attempts to minimize your claim. They’ll handle all communication with the insurance company so you can focus on your health and recovery.

Choosing the Right Attorney

With so much at stake after a traumatic brain injury, it’s essential to choose the right attorney to handle your case. Look for a lawyer who:

  • Has specific experience with traumatic brain injury cases
  • Understands the medical complexities of these injuries
  • Has a network of experts to consult on your case
  • Knows how to calculate and prove the full extent of your damages
  • Has a proven track record of success in TBI cases
  • Is prepared to take your case to trial if necessary
  • Offers personalized attention and keeps you updated on your case
  • Works on a contingency fee basis, so you pay nothing upfront

At Federal Lawyers, our attorneys have decades of experience fighting for car accident victims who have suffered traumatic brain injuries. We understand the devastating impact of these injuries and are dedicated to helping our clients get the compensation they need to move forward.Some of our notable TBI case results include:

Case Settlement
Truck Accident TBI $4.5 million
Car Crash Brain Injury $3.2 million
Motorcycle Accident TBI $2.8 million

We offer free consultations and work on a contingency fee basis, so you can get the legal representation you need without any upfront costs. Contact us today to discuss your case with an experienced TBI attorney.

Frequently Asked Questions

What is the statute of limitations for a car accident TBI case?

The statute of limitations, or deadline for filing a lawsuit, varies by state. In many states, the limit is two or three years from the date of the accident. However, some states have shorter deadlines for claims against government entities. An experienced car accident attorney can advise you on the specific deadlines in your case.(https://www.findlaw.com/injury/car-accidents/car-accident-statute-of-limitations.html)

How much is my TBI case worth?

The value of your traumatic brain injury case depends on factors like the severity of your injury, the extent of your damages, and the available insurance coverage. An attorney who specializes in TBI cases can give you a better idea of what your case may be worth based on the unique facts of your situation.

How long will my TBI case take?

The timeline for a traumatic brain injury case can vary widely. Some cases may settle in a matter of months, while others could take a year or more to resolve. The complexity of your case, the severity of your injuries, and the willingness of the insurance company to negotiate in good faith can all impact how long it takes to reach a resolution.

Will I have to go to court for my TBI case?

Many car accident cases, including those involving traumatic brain injuries, are settled out of court. However, if the insurance company denies liability or won’t make a fair settlement offer, your attorney may advise you to file a lawsuit. Even after a lawsuit is filed, your case could still settle before going to trial. An experienced TBI attorney will advise you on the best strategy for your unique case.

Get the Help You Need After a TBI

If you or someone you love is facing the challenges of a traumatic brain injury after a car accident, don’t wait to get the legal representation you need. Look for an attorney who understands the complexities of these cases and has a track record of success fighting for TBI survivors.With the right lawyer on your side, you can focus on your recovery while your attorney handles the legal details of your case. You may be entitled to compensation for your medical expenses, lost income, pain and suffering, and other damages related to your injury.Remember, most car accident attorneys offer free consultations and work on a contingency fee basis, so you have nothing to lose by reaching out and discussing your case. Contact an experienced TBI attorney today to learn more about your legal rights and options.

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