How to Receive Compensation After a Brain Injury?
Suffering a brain injury can have devastating and life-altering consequences. In addition to the physical and emotional trauma, brain injuries often result in substantial medical expenses and lost income. If your brain injury was caused by the negligence or wrongdoing of another party, you may be entitled to financial compensation. This article provides an overview of how claiming compensation after brain injury works.
Determining Liability
The first step is to establish who is legally liable for your injury. There are a few common scenarios:
- Car accidents - If another driver caused the collision due to reckless driving, speeding, drunk driving, etc. they can be held liable.
- Premises liability - If your injury occurred due to an unsafe condition on someone else's property that they failed to fix or warn you about.
- Medical malpractice - If your brain injury resulted from a doctor's negligence, such as surgical errors or improper treatment.
- Product liability - If a defective product caused your injury, the manufacturer may be liable.
Thoroughly investigating the cause of your injury and identifying all potentially liable parties is crucial. An experienced brain injury attorney Los Angeles can help determine viable defendants.
Documenting Your Injuries and Expenses
In order to obtain compensation, you must thoroughly document the impact of your brain injury. Be sure to keep detailed records of:
- Medical expenses - All hospital and doctor bills, prescriptions, physical therapy, assistive devices, in-home care, transportation for treatment, medical equipment, and any other health care costs related to your injury and recovery.
- Lost income - Documentation of missed workdays and lost earnings due to your inability or reduced capacity to work. This includes payroll records, employer statements, proof of used sick/vacation days, income tax returns, and more.
- Loss of future earning capacity - Documentation related to possible long-term inability to work, reduced hours, switching to lower paying jobs, loss of career advancement, and giving up promotion opportunities.
- Non-economic damages - Keep a journal detailing your physical impairments, cognitive deficits, emotional/psychological effects, loss of enjoyment of life, strain on relationships, and any other hardships stemming from your injury that don't have a specific dollar amount attached.
- Future damages - Records related to possible long-term care needs, therapies, medical costs, assistive technologies, transportation services, home health aids, lifelong prescription medications, and reduced earning capacity.
Photographs, medical reports, pay stubs, vocational assessments, economist reports, invoices, statements from loved ones, and other documentation can help substantiate your various damages.
Claiming Compensation After Brain Injury
Retaining Legal Counsel
Because the claims process can be complex, it is advisable to hire an experienced Los Angeles brain injury lawyer to handle your compensation claim. An attorney can deal with insurance companies on your behalf, thoroughly investigate fault, identify all liable parties and legal avenues for restitution, determine the full value of your damages, and aggressively negotiate a fair settlement or take the case to trial if needed.
Look for a lawyer with extensive experience handling traumatic brain injury cases. They should have a proven track record of securing sizable settlements and jury verdicts for victims. Knowledge of medical issues specific to brain injuries, reputable medical experts, long-term care options, and life care planning can also be beneficial.
Sending a Demand Letter
Your attorney will send a detailed demand letter to the defendant's insurance company requesting compensation for your injuries and damages. This letter will outline the facts of your case, establish negligence, provide evidence of your damages, and request a specific settlement amount to cover your past and future medical expenses, lost earnings, pain and suffering, and other losses.
If the insurer does not respond appropriately to the demand letter, the next step may be filing a personal injury lawsuit. Having an aggressive and persuasive demand letter is often an important first step in reaching a successful claim resolution.
Filing a Personal Injury Lawsuit
If you are unable to reach a satisfactory out-of-court settlement through the demand letter process, your attorney can file a personal injury lawsuit against the liable parties on your behalf. Lawsuits are filed in civil court and involve extensive pre-trial procedures like depositions, interrogatories, procuring expert witnesses, accumulating medical evidence, and gathering all documentation to prove liability and damages.
The process typically takes 12-24 months but can vary significantly based on factors like the court's caseload and schedule, availability of experts, and complexity of details surrounding the case. Most cases settle before going to trial. However, if necessary, your attorney can passionately argue your case in court before a judge or jury who will determine if you are owed damages.
Your lawyer's litigation skills including detailed discovery tactics, persuasive witness preparation, effective cross-examination, and compelling presentation of evidence and testimony are extremely beneficial throughout this complex litigation process.
Negotiating a Settlement
Settlement typically involves back-and-forth negotiations between your lawyer and the insurance company. Your attorney will seek fair compensation covering all of your past and future medical bills, lost income and benefits, pain and suffering, and other damages stemming from your injury.
Injuries requiring lifelong care or rendering you permanently disabled will warrant much higher settlements than short-term injuries. Experienced attorneys utilize negotiation tactics to secure the maximum possible settlement or judgment. This includes highlighting compelling evidence and expert opinions, aggressively countering lowball offers, leveraging mediation, and demonstrating a willingness to go to trial if needed.
If negotiations succeed, you will receive an agreed-upon lump sum settlement in exchange for dropping any further claims against the liable party. This avoids a lengthy trial. Your attorney will ensure any settlement adequately covers your needs. If not, they can pursue further legal action through a trial.
Receiving Your Compensation
Once a settlement is reached or a court judgment awarded, the defendant's insurer or the liable party themselves will issue payment of the monetary amount owed to you. Your lawyer's fees and expenses will be deducted from the total settlement.
Many attorneys work on a contingency fee basis taking a percentage of your final award as payment. Typical contingency fees range from 30-40% of the total settlement amount. This model means the attorney only gets paid if they win or settle your case.
You will then receive the remaining net settlement funds after attorney's fees and expenses. These funds can be used to cover your medical bills, rehabilitation costs, assistive equipment, in-home care, lost earnings, and any other losses stemming from your brain injury. The financial recovery won't undo the harm you've suffered but can provide vital resources to help you move forward.
If you or a loved one suffered a brain injury due to another party's negligence, contact Karns & Karns Personal Injury and Accident Attorneys on 800-4THE-WIN for a free consultation. Our dedicated brain injury lawyers have the resources and commitment to help victims and families obtain the compensation they need to heal.
