What are the benefits to filing a lawsuit for my brain injury?

After sustaining a traumatic brain injury (TBI), you may be wondering whether it is worth it for your to file a lawsuit and whether pursuing formal legal action in court is actually beneficial in your case. The obvious benefit to a lawsuit is, if you are successful, you can be awarded compensation for your TBI-related losses. There are, however, additional benefits to filing a lawsuit in a brain injury case. While the specific benefits will vary with your individual circumstances, some benefits can include the following.

An Insurance Company Will Not Usually Compensate For Intangible Losses

In many cases following an accident, you will want to file a claim with the insurance company of the driver, property owner, or other party responsible for the accident. The insurance company can then offer you a settlement amount and you can negotiate to see whether the amount is adequate to cover your losses. Often, an insurer may offer enough to cover tangible losses such as medical expenses or lost wages. However, if your brain injury is severe and you incurred serious intangible losses such as pain and suffering or permanent disabilities, the insurer may not offer compensation for those losses and a lawsuit may be necessary to fully recover.

Legal Action Can Help Persuade A Party To Settle Favorably

If many situations, the party responsible for your brain injury may not take your pursuit of compensation seriously until you formally file a lawsuit in civil court. The prospect of going through the litigation process and possibly going to trial can often be enough to convince the party to agree to a favorable settlement for your losses. This is especially true if there is strong evidence of their liability.

If You Prevail, There Will Be a Court Order For Compensation

If you do go to court and win an award for your injuries, the court will issue an order for the other party and/or their insurer to pay you the money you deserve. If they fail to do so, there are legal mechanisms for enforcing the court order, including liens on bank accounts or personal property, wage or benefit garnishment, or asking the court to hold the noncompliant party in contempt of court. These mechanisms make it easier to actually receive compensation than it would be for an informal agreement.

Discuss Your Case with a Skilled Baltimore Brain Injury Attorney at The Casper Firm

If you are wondering whether filing a lawsuit would be beneficial in your brain injury case, you should never hesitate to discuss your situation with an experienced brain injury lawyer at the Baltimore office of The Casper Firm. An attorney will fully evaluate your situation and advise you of all of your legal options, as well as provide helpful guidance regarding the legal process and your rights. The sooner you call for a free consultation with The Casper Firm, the sooner we can begin working on your case and standing up for your rights to financial recovery.