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Success in navigating a traumatic brain injury (TBI) claim requires the presentation of medical evidence, damages, and proof of legal fault.
Claim management involves legal procedure and supporting the claim for compensation with admissible evidence.
A Columbia brain injury lawyer can assist you in navigating a traumatic brain injury claim. Contact Shealey Law Firm to see how we may assist you in claiming brain damage injury compensation.
Understanding How To Navigate Traumatic Brain Injury Claims
There are special considerations when navigating a traumatic brain injury claim.
1. Proving liability
Traumatic brain injury claims often seek large amounts of compensation. You can expect the defense to aggressively fight liability. It’s not enough to prove that the victim has significant damages. They must prove the defendant’s legal fault and the right to financial compensation.
2. Victim communication
The victim may have communication difficulties caused by the injury. However, it may still be important for them to testify. Considerations for the victim to testify in court are the ability to communicate, understand an oath, tell the truth, and remember the event. A lawyer can assist with adaptive measures to have the person testify and participate in their case.
3. Extent of impact
Brain injuries are complex. The long-term impact of a brain injury is often not known when it occurs. However, personal injury claims for traumatic brain injury must address the entire claim. There is no wait-and-see. There can be some time to determine damages, and claims often take more than a year. However, at some point, the case must end, and compensation must be determined.
As the plaintiff navigates the claim, you must identify the long-term impact of the brain injury. This can require significant medical investigation and experts to support the claim for financial compensation.
4. Legal procedure, case process
A brain injury legal claim can be emotionally harrowing. The person’s life has changed suddenly, and the entire family’s lives have probably changed as well. While the family is adjusting and grieving what has occurred, the legal process must continue. A lawyer can manage the important procedural steps to move the case forward.
5. Structuring damages
When a brain injury impacts a person for a lifetime, the compensation the person receives needs to last for a lifetime. Structuring damages may be important, ensuring that the person receives medical care and there are funds for personal expenses.
Another consideration is the tax burden of an award. A lawyer can assist with structuring damages as part of the settlement.
Challenges in a Traumatic Brain Injury Claim
The challenges in a traumatic brain injury claim are both factual and procedural. Early case management should focus on evidence that must be ready for trial, including medical experts and financial professionals. Because of the magnitude of the claim, the case procedure will be significant, with multiple preliminary hearings. These hearings can ultimately determine the outcome of the case.
This critical work must begin as soon as possible following a brain injury. It can be a challenge to prepare the case while critical medical care is ongoing. A lawyer can handle case management, addressing urgent matters, and creating a long-term plan for success.
How a Columbia Personal Injury Lawyer Can Help
Knowing their client
Navigating a personal injury claim for traumatic brain injury starts with knowing the client. By learning about the victim and family and appreciating the impact of what has occurred, a lawyer can truly advocate for their client. Case management must be tailored to the goals and personal circumstances of the client. There is truly no one-size-fits-all when it comes to legal representation for a traumatic brain injury.
Knowing the law
The law can be complex. An error can result in receiving no compensation. A lawyer must know the law, anticipate legal issues, and address them.
Knowing the local courts
It’s one thing to know the laws in the books. It’s another thing to advocate for your client effectively. A personal injury lawyer can help because they are experienced. They have been in court before and know the small details that can make a big difference.
Knowing the process
To receive compensation for a brain injury, the injured victim must follow certain procedural steps. It starts with filing a claim before time runs out and that meets specific requirements. There are then pre-trial requirements. There will be mediation orders and settlement conferences. Your lawyer ensures that you do what’s required of you and can help maximize your legal strategy.
How do I hire a lawyer to navigate a personal injury claim for traumatic brain injury?
To hire a lawyer to navigate your traumatic brain injury compensation claim, contact Shealey Law Firm. We can talk about your case in our offices, meet you in the hospital, at home, or talk virtually. Our lawyers will explain how we navigate a path to success at every step in the case.
Lawyer for Navigating TBI Personal Injury Claims
Shealey Law Firm represents people in personal injury claims involving TBI. Call or message us now.