All injuries could alter the course of someone’s life, but traumatic brain injuries (TBI) can have uniquely debilitating effects on victims. If you’re one of those victims struggling with the pain, cost, and complications of a TBI, we can help you recover compensation.
The staff at Sevenish Law Firm, P.C. knows how your injury might have affected you because personal injury is all we do. Our team can provide you with support in gathering evidence, valuing your case, and even going to court. If you suffered a TBI, get help from our traumatic brain injury lawyer serving West Lafayette.
Alleviating Traumatic Brain Injury Burdens
Injury cases are meant to recoup the costs you already paid to treat your injury, as well as cover future accident expenses. These are not general damages. They are specific to your injury. In the case of a TBI, you can pursue compensation for the unique treatments TBIs require.
You may be eligible for damages to cover:
- ER visits
- Ambulance rides
- Hospital stays
- Imaging tests
- Medical devices
- Lost income
This is not an exhaustive list, and your experience may differ. However, the reality is that treating your brain injury may be expensive. The Agency for Healthcare Research and Quality (AHRQ) has found that inpatient care for a TBI can be up to 74 percent costlier than other inpatient stays. If someone else caused this injury, you should not have to pay.
Past and Future Damages
TBIs can have wide-ranging symptoms that occur over varying periods of time. If you’re worried about developing new or recurring symptoms in the future without the funds for treatment, let us put you at ease. When we determine the value of your case, we also consider those possible expenses.
While working on your case, we can consult your doctor to understand your injury’s prognosis. We can then argue for appropriate compensation to cover past and future expenses, such as:
- Follow-up appointments
- Physical therapy
- Occupational therapy
- Speech therapy
- Anti-anxiety medication
- Pain management
Your West Lafayette lawyer serving traumatic brain injury clients and your doctors can work together toward the ultimate goal of you reaching your maximum medical improvement (MMI) without worrying about money.
Economic vs. Non-Economic Damages
Lawyers use MMI to gauge your medical costs and the overall impact of your TBI on your life. Sometimes, that impact is beyond just paying bills. According to the Centers for Disease Control and Prevention (CDC), TBIs can cause mood changes, motor function difficulties, and memory and concentration challenges. All of these could affect your quality of life or ability to work. For that, you can pursue non-economic damages.
Economic damages cover the straightforward costs of an accident, such as an ER bill. Non-economic damages cover the more nebulous ways your TBI left a mark on your life.
- Pain and suffering
- Emotional distress
- Reduced earning capacity
- Diminished quality of life
- Loss of consortium
Translating these abstract concepts into monetary damages is where our focus on personal injury can help. We can compare your case to similar ones and consult experts on how your injury changed your life. This helps us arrive at an amount to treat the damage done to your emotional and professional well-being.
How We Chart the Path for Your Compensation
Being injured does not automatically entitle you to damages. To claim compensation, you must have been injured by someone’s negligence. That means their action directly led to your TBI.
Some TBI scenarios that involve negligence that we see in our practice are:
- Slip and fall accidents
- Car crashes
- Sports injuries
- Worksite injuries
Some of these situations can get tricky, such as if you signed a waiver prohibiting you from suing for a sports injury. Likewise, if you slipped and fell at a store, the company may try to shift blame to you rather than admit they neglected safety precautions.
Your Lawyer Can Handle Complicated Aspects of Your Case
Tricky situations are why consulting a TBI attorney can be helpful. We investigate your case to see who to hold responsible and how.
We can determine that by:
- Reviewing waivers and contracts
- Compiling photos and videos
- Interviewing witnesses and experts
- Obtaining police and medical reports
- Considering multiple negligent parties
That waiver you signed before your child joined gymnastics might not prevent you from pursuing damages if the equipment wasn’t properly maintained. That workplace accident may still entitle you to compensation if an independent contractor harmed you.
In simple terms, if someone caused your TBI, talk to your Sevenish Law Firm, P.C. lawyer before assuming you have no recourse. We can review the evidence and research your case to provide you with options.
Insurance Claim vs. Personal Injury Lawsuit
You can obtain compensation through more than one avenue. The right course for you depends on your circumstances. For example, if you sustained your TBI after being T-boned by someone who ran a red light, you can file an injury claim with their insurance to seek damages. The insurance company will then investigate your claim, decide what it is worth, and pay you that amount.
However, sometimes an insurance claim doesn’t go smoothly. If you are experiencing any of the following, contact us:
- The negligent party is uninsured or underinsured
- The insurance company denies or undervalues your claim
- You cannot reach a settlement agreement
We can negotiate with the insurance company for a better outcome. If that doesn’t work or isn’t an option, we can file to pursue those damages through a lawsuit. Indiana’s statute of limitations is two years under IC § 34-11-2-4. This provides us time to work on settling your case before filing. Nonetheless, we will go to court if necessary.
You Can Pursue Damages if You are Partially at Fault
Indiana follows a contributory fault doctrine imposed by IC § 34-51-2-5. That means if the other party was at least 51 percent responsible for the accident, you can pursue them for damages. However, your compensation will be reduced by your contribution to the accident.
Contact Sevenish Law Firm, P.C. for a Free Consultation
All we do is personal injury, which means all we do is stand up for people like you. If you suffered a traumatic brain injury, give us a call at (317) 636-7777 and receive a free case review to learn how our team’s traumatic brain injury lawyer who serves West Lafayette can work on your behalf.