Suffering a traumatic brain injury in an accident is one of the worst possible outcomes. These incidents are treated somewhat differently in personal injury law, especially in terms of compensation. Let's look at why TBIs are major factors in injury claims and what the implications might be for your case.
Brain injuries exist in a larger class of injuries that are legally considered catastrophic. A catastrophic injury leads to long-term or even permanent degradation of an individual's standard of living. Folks who've suffered such injuries may experience permanent pain, mobility problems, and mental focus issues.
Such injuries can incur massive lifetime costs. Many victims can never work again. Likewise, many require regular in-home medical care. Absent massive compensation, these expenses could overwhelm the finances of an accident victim or their family.
Many insurance policies have caps on payouts for injury claims. One of the common exceptions, though, are these cases of severe and long-term suffering. However, a claimant has to file for compensation based on such extreme harm. When a TBI attorney sends a demand letter to the insurer, they have to explicitly state that they believe the injuries are catastrophic and justify compensation exceeding the policy's cap. Otherwise, the insurer is likely to invoke the limit.
Medical Evidence of a TBI
One of the biggest challenges for a brain injury attorney is demonstrating that a client suffered such medical issues due to an accident. An attorney must present supporting medical evidence of a TBI and reasonable proof that the issues arose from the incident in question.
Gathering medical evidence can take a while. A TBI attorney may have to wait while a patient visits specialists. Worse, they may need to wait for swelling in the brain to go down so the doctors can get a better look at what happened.
Statute of Limitations
This happens while the clock is ticking on the statute limitations. Most states have laws that say a victim must submit an official demand for compensation to a defendant or their insurer within two to three years of the date of an accident. This means a client and their brain injury attorney have to collect as much information as possible within that time.
Notably, the statute doesn't cover the time needed for negotiations or for the insurance company to investigate. Once the demand is made, the clock stops so both sides can hash things out.
For more information, contact a local TBI attorney.
Hello and welcome, I'm Winfred Paulo. I have a passion for civil court cases of all kinds. Some time back, I ended up in the thick of a civil case after a lengthy dispute with my neighbor. The dispute went on for years and ended badly with an incident that landed us both in court. We had to prove our side of the case in an effort to obtain a positive outcome and recoup our losses. Unfortunately, I lost the case due to a lack of evidence. Since then, I've maintain a strong interest in civil cases and their proceedings. I will share information about civil cases on this site to help others understand these proceedings better. I may talk about legal terms, and expected outcomes for each case type. I hope you visit often to learn more. Thanks for stopping by my website.