What do I need to know about brain injury litigation?

The word “litigation” can be intimidating and stressful for individuals who are not familiar with the legal process. However, in many situations, victims of traumatic brain injury (TBI) can substantially benefit from filing a legal claim. To help shed some light on the litigation process, the following are some important things to know about brain injury litigation:

The Type of Claim That You Can Bring

If you have been injured, you will be seeking damages for your personal injury, though you must make a specific legal claim against another party in order to recover. The appropriate claim in your case will depend on the circumstances of the occurrence of your brain injury but can include for:

Negligence;
Medical malpractice; and
Intentional harm.

An experienced attorney will evaluate your case to identify which claims are needed and appropriate for you.

The Value Of A Case

You may not believe that pursuing a legal claim is worth the time and energy because you do not know how much your case may be worth. The value of a case is dependant upon your specific damages, which are the losses you incurred from your injury. An attorney can estimate your damages by adding together:

Past and future medical bills;
Past and future wages that you lost from missing work; and
Compensation for pain and suffering, loss of enjoyment, emotional trauma, permanent disability, and more.

While some brain injury cases may simply cover medical treatment costs for a concussion, other cases can be worth millions of dollars.

Evidence That May Be Used

In order to receive compensation, you must provide evidence that will prove the specific legal claims that you are asserting. Some evidence that your brain injury attorney may use can include:

Eyewitness testimony;
Police reports;
Medical records;
Video footage; and
Expert testimony.

Your personal injury attorney should conduct a thorough investigation to gather as much evidence as needed to build the strongest possible case for you.

Will My Case Go To Trial?

When you think of litigation, you likely think of a trial in a courtroom. However, the large majority of injury cases are able to reach a favorable agreement prior to the trial stage. The evidence that is gathered can be used in negotiations to obtain the settlement you deserve outside of court whenever possible.

There Is A Time Limit

Following a brain injury, you may understandably focused on your physical recovery and may not want to look into brain injury litigation right away. However, under Maryland law, you only have three years from the date of the injury to file a valid claim. Because claims take time to investigate and prepare, it is important not to delay speaking with a qualified lawyer regarding your situation.

Contact The Casper Firm Today to Schedule a Free Consultation with an Experienced Brain Injury Lawyer

Anyone who has sustained a traumatic brain injury (TBI) in a preventable accident or incident should know that an experienced Baltimore brain injury attorney will make the brain injury litigation process go smoothly and will keep you informed throughout your case. Call The Casper Firm for help today.