Roles and Responsibilities of Personal Injury Attorneys in Brain Injury Claims
Traumatic brain injuries, no matter their severity, present some of the most detrimental effects to a victim’s finances and quality of life. What’s even more concerning is some victims may not be able to successfully follow through with personal injury claims after a fall or accident caused by another party’s negligence or willful harm.
That’s where personal injury attorneys come into play. Personal injury attorneys help with personal injury claims in various ways, including being a legal advocate, providing legal backing to help you recover any damages, and ultimately making sure that you’re fairly compensated for any financial or mental damages sustained due to the accident.
This article will explore the role of personal injury attorneys in brain injury claims and some of the benefits of hiring one.
What Is the Role of Personal Injury Attorneys in Brain Injury Claims?
Personal injury cases are multifaceted and involve multiple complexities, including varying federal and state laws. In some cases, victims may have to hold several parties responsible for their injuries, making the legal process even more challenging.
In such cases, personal injury attorneys come in handy as they have the unique ability to advocate for victims who sustain brain injuries as a result of another party’s negligence or willful harm. To this effect, personal injury attorneys leverage their vast experience to help their clients navigate the complex legal process.
Some of the most notable responsibilities and services personal injury attorneys provide their clients include:
Legal Consultation and Case Evaluation
Most personal injury attorneys offer free consultation for accident victims seeking compensation. At this stage, the attorney evaluates the nature of your case and determines whether it can be resolved through mediation or litigation.
The attorney also evaluates any evidence you have on hand to determine liability and potential damages. The attorney gathers crucial evidence about your case. The evidence may include everything from medical records, police reports, and witness statements.
Investigation and Evidence Collection
Any experienced personal injury lawyer won’t file a claim based solely on the evidence you collected before meeting with them. Typically, personal injury attorneys conduct a comprehensive investigation and advise you on any updates along the way.
This is typically referred to as the discovery phase. At this stage, your attorney gathers evidence, requests and analyzes police reports, interviews witnesses, and consults with relevant experts within the field in which the injuries were sustained.
This can include medical professionals in the case of medical malpractice or automotive engineers in car accidents. Your attorney may also engage the services of accident reconstruction experts to help determine liability.
Formulation of a Legal Strategy
According to NIH, a head injury occurs every 15 seconds. Despite being so common, particularly among motor vehicle accident victims, every personal injury case is inherently unique.
Personal injury lawyers possess in-depth knowledge of the various laws, regulations, and legal precedents associated with brain injuries. They leverage this expertise to develop a unique action plan for each case. This way, they’re able to navigate the complexities of the legal system and anticipate potential challenges, increasing the chances of a favorable outcome.
Seeking Compensation and Damages
The primary role of any personal injury attorney is to secure fair compensation for their clients. They first negotiate with insurance companies to get a favorable offer. The offer provided should meet or exceed the monetary and emotional damages suffered by the victim.
If the offer is unsatisfactory, your personal injury attorney may choose to move the case to trial. During the trial, the judge and jury assess the full extent of the damages, including medical expenses, property damage, lost wages, emotional distress, pain and suffering, and future rehabilitation costs.
What Are the Benefits of Hiring a Brain Injury Attorney?
Personal injury attorneys do more than offer legal advice. They also take the necessary measures to ensure that you’re fairly compensated. In that regard, here are some of the most notable benefits of hiring a personal injury attorney after an accident resulting in a brain injury.
They Gather Evidence to Build a Strong Case
To recover damages in a personal injury claim, you need to prove without reasonable doubt that the defendant caused willful harm or failed to act reasonably under the circumstances that led to your injuries.
You must gather the necessary evidence to prove liability. A personal injury attorney can help you gather crucial evidence to show the link between your injuries and the defendant’s behavior.
They Negotiate Aggressively for the Most Favorable Compensation
In most cases, the initial offer made by insurance companies is not satisfactory, to say the least. If you choose to accept their initial offer, you may lose the chance to seek further compensation down the line.
Personal injury attorneys possess a wealth of experience in negotiating settlements. They negotiate aggressively to get you the highest compensation possible. While they’re at it, they take all damages into account, including any expenses incurred, the cost of ongoing treatment, and future costs of treatment and rehabilitation.
As such, by hiring a personal injury attorney, you maximize your chances of getting a favorable settlement that will cater to your current and future medical expenses, as well as other damages.
They Support Your Diagnosis and Treatment
Despite being one of the most intensively studied fields of medicine, traumatic brain injuries remain a puzzle to most medical professionals, particularly around finding the best treatments. As such, victims often have to consult various experts, which can be quite expensive.
A personal injury attorney can help ensure that you can afford these treatments to maximize your chances of a full recovery. They can also provide access to skilled medical professionals with the necessary knowledge and expertise to treat your injuries effectively.
Seek Help From an Experienced Personal Injury Attorney
Traumatic brain injury cases are some of the most complex personal injury cases. They also carry a huge burden of proof, resulting in a need for an experienced attorney to help you collect relevant evidence and link it to the defendant’s actions to prove liability.
By hiring a personal injury attorney after a traumatic brain injury sustained at no fault of your own, you maximize your chances of getting a favorable outcome. Attorneys also provide valuable legal and moral support to help guide and console you through the challenging ordeal.
