Former State's Attorney With Over 38 Years of Experience

Navigating the Legal Process After a Brain Injury

Brain injuries can happen to anyone as a result of many kinds of accidents and injuries. It doesn’t matter if you have been hurt in a falling accident or been in a traffic collision, brain injuries are some of the possible outcomes. So, if you have sustained a traumatic brain injury due to another person’s negligence, you have the legal right to seek compensation.

Many victims of brain injuries usually face physical, brain trauma, economic, and emotional difficulties. However, working with a traumatic brain injury attorney will give you the best chance of getting the compensation you deserve and need. Navigating the legal process can be complex and requires assistance from a professional attorney experienced enough with traumatic brain injury cases like yours.

Steps to Take to Seek Compensation for your Injury

It’s not easy to navigate the legal process alone, especially after a traumatic brain injury. So, here are a few steps you should take when seeking compensation for your traumatic brain injuries.

Organize Evidence and Case Documents

Evidence is important for any successful serious brain injury lawsuit. While you may not need to connect with expert witnesses or accident reconstruction engineers, there is so much you can do to help your lawyer. For example, it is important that you keep all your medical bills, doctor’s notes, and even letters from the other party’s insurance company. This way, your lawyer can gain access to copies of these documents, and you can also refer to them when you need answers.

Have a Brain Injury Journal

If you are like many accident victims who have sustained traumatic brain injuries, you may also be having a hard time talking about your daily symptoms and how your life has changed since the injury. So, having a journal can help you explain your difficulties and also help you understand how your brain injury has impacted your daily routine. In your journal, you can track all your physical and mental health concerns, doctor’s appointments, and pain.

Know Your Legal Rights

Many people have different questions after an accident, a fall, or any other incident. However, you should not rely on the insurance company for answers, as its representatives’ focus is to get rid of your case as quickly and cheaply as possible. Most times, these insurance companies or claims adjusters might push you to make statements that could be misleading. You deserve qualified representation from a lawyer who definitely understands the challenges you face and has a proven record of handling traumatic brain injury claim.

Be Prepared before Meeting your Legal and Medical Teams

Most times, when a brain injury victim is meeting with a lawyer or doctor, they sometimes struggle to voice their challenges or even ask the right questions. This is why we encourage victims of severe brain injury victims to write down any questions or concerns in advance. This way, you can always refer to your notes to ensure that your meeting ends well. You can also bring in your brain injury journal to receive support and gain additional insight.

Never Assume the Insurance Company is on your Side

As mentioned above, you should always assume that the insurance company is not on your side. If you are being offered a settlement, you can always assume that it is too low and you deserve better. When a traumatic brain injury lawyer calculates the value of the brain injury claim, they consider several factors:

  • Lost income
  • Current and future medical expenses
  • Pain and suffering
  • Long-term medical needs such as nursing care or medical equipment
  • Punitive damages

Get the Medical Care You Need

Consistent mental and medical care can improve your recovery after sustaining a brain injury. However, another reason to get the medical care you need is that it can strengthen your traumatic brain injury lawsuit. Medical records can show your consistent symptoms and your day-to-day challenges, which show that you have taken your recovery seriously. This will also put you one step ahead in getting your compensation.

closed head injury

How Do You Protect Your Rights After a Brain Injury?

After a brain injury, the at-fault party and insurance adjusters would want to rob you of your compensation. Therefore, it is important that you know how to protect your rights.

Seek Proper Medical Attention

If you have sustained a brain injury, it’s important that you seek medical attention as quickly as you can. Some symptoms to look out for include a consistent headache, nausea, drowsiness, memory problems, and sensitivity to sound and light. Sometimes, even a mild traumatic brain injury is a serious matter that may require a thorough evaluation by a doctor. In addition, it is important to follow your treatment plan appropriately and go for follow-up appointments.

Be Careful of Social Media Use

Social media is good, but the things you post on social media can negatively influence your case. Naturally, you would want to present the best time of your life online, but insurance companies can use these posts to argue that you are not as injured as you claim. So, refrain from using any social media when you navigate the legal process.

Get a Lawyer as Soon as Possible.

Finally, navigating the legal process after a brain injury can be challenging and draining. So, getting a lawyer as soon as you sustain a brain injury in an accident is important. A traumatic brain injury lawyer will represent you as you communicate with the at-fault party or insurance company and make sure you don’t do or say anything that can affect your legal process. In addition, your traumatic brain injury attorney will also evaluate your case to determine the value of your claim.

Get Compensation for Your Brain Injury in Illinois

If you have suffered a brain injury due to another person’s negligence, you deserve to receive compensation for your pain and suffering. Thankfully, our traumatic brain injury lawyers at Michael J. Brennan law firm can help.

Our experienced attorneys understand how challenging it can be to navigate the legal process, especially after a brain injury, so we will make sure you recover well. Reach out to us, and we will help you recover the compensation you deserve. Contact us today to schedule a free consultation.

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