Why Should I Consider a Brain Injury Claim or Lawsuit?

young man with head traumaA brain injury is no ordinary injury. Even a mild traumatic brain injury (MTBI), also known as a concussion, can cause temporary or permanent physical, cognitive, and emotional impairments that can make day-to-day activities difficult. For accident victims who have brain injuries that require ongoing medical care, the resulting costs can seem insurmountable.

However, people who sustained brain injuries as a result of another person's negligent actions may not have to shoulder this immense financial burden on their own. Filing a brain injury claim with an insurance company, or a personal injury lawsuit in civil court, allows eligible accident victims to pursue much-needed compensation for their injuries.

What Are Brain Injuries?

Brain injuries occur when the head or body sustain a severe blow or jolt. This force may damage the skull and in turn, the brain; or cause the brain to rapidly move back and forth against the skull walls. These injuries can be divided into two types: open, meaning that the skull was fractured or penetrated; or closed, indicating the injury didn't penetrate the skull.

Brain injuries can range from minor concussions and MTBIs to moderate and severe brain conditions. Brain injury symptoms associated with these injuries include:

  • Trouble concentrating
  • Difficulty remembering new information
  • Headache
  • Blurred vision
  • Sensitivity to light and sound
  • Poor balance
  • Nausea and vomiting
  • Depression or anxiety
  • Seizures
  • Abnormal behavior

Fortunately for people living with a brain injury, there are a number of treatments available, including medications, surgical procedures, and rehabilitative care. However, these treatments can be extremely expensive, especially when the injury is permanent and long-term care is required.

Insurance Claim or Personal Injury Lawsuit: Which Do You Need?

The expenses related to long-term medical care for brain injuries can be staggering and, as a result, many people with brain injuries choose to file a personal injury lawsuit to seek a financial award that can help pay for treatment.

However, not all brain injury cases require taking legal action; in some cases, filing an insurance claim may be sufficient. The determination of which type of action—an insurance claim or a personal injury lawsuit—is best for you largely depends on the extent of your injuries. Other factors include the past, current, and future costs of your accident-related medical care.

If your injuries are relatively minor, submitting an insurance claim may be appropriate. If you sustained catastrophic injuries that required substantial treatment, will require ongoing rehabilitative care, or have lessened your quality of life, there are clear benefits to filing a lawsuit. In addition to seeking compensation for medical expenses, a personal injury lawsuit allows plaintiffs to sue for non-economic damages, such as pain and suffering, disability or disfigurement, and other aspects that impact quality of life.

Importance of Quality Representation

Simply submitting an insurance claim or filing a personal injury lawsuit isn't always enough to ensure that brain injury victims get the financial awards they need and deserve. Quite often, there can be limitations in insurance coverage, or in assets, owned by the negligent party. A skilled and reputable personal injury attorney has the necessary knowledge to thoroughly investigate all potential defendants and insurance coverages, as well as legal liability options. They can also advise clients on how to properly document their injuries for an insurance adjuster, judge, or jury.

Are You Living With a Brain Injury?

Did you or someone you love sustain a serious brain injury in an accident caused by someone else's negligence? Are you being buried under a mountain of unexpected accident-related medical debt and worried that your life will never be the same as it was before the crash? Let the experienced legal minds with Sevenish Law Firm fight on your behalf. Our Clients First® Bill of Rights ensures that you—and your case—will receive the respect and care you deserve. Contact our Indianapolis law office to schedule a free initial appointment to discuss the details of your case.