Brain injury claims can be complex. You must successfully navigate the process to get the compensation you deserve.
Bobby Jones Law discusses navigating brain injury claims after a car accident.
Understanding Brain Injuries from Car Accidents
- A brain injury is a common car accident injury.
- When a person sustains a brain injury from a car accident, they may receive compensation.
- Compensation may include economic and non-economic damages.
- Brain injuries vary in their nature and severity. Damages are based on the severity of injury, associated losses, and the way your life is impacted.
- Important work must be done to receive compensation. You must verify your injuries and determine the appropriate compensation. You must bring your case.
- You can have representation from a lawyer for brain injury claims from car accidents.
Brain injury from a car accident can be the basis for monetary compensation, with or without other injuries. The victim must prove fault and pursue their case. It is an adversarial process, with insurance companies often trying to deny or minimize good claims. As you navigate the legal process, you may use legal procedure and discovery to build your case.
Establishing Liability in Car Accidents Involving Brain Injuries
Compensation for a car accident involving a brain injury begins with establishing liability. South Carolina uses a fault-based system, with negligence or more serious misconduct for a party to be at fault. This can be as simple as a traffic violation, but violating a specific law is not required if the conduct is negligent.
You may rely on witness statements, photographs, video, accident reconstruction, and other proofs. A party at fault is liable to pay compensation for the damages that they cause, including for car crash head injuries.
Statute of Limitations for Filing Brain Injury Claims
There is a time limit for filing a brain injury claim. Even if you have a great case, a case that is filed too late can easily be thrown out of court. If you are discussing a brain injury car accident settlement with the insurance company, the clock is still ticking. You have until the statute of limitations expires to file your complaint for compensation in the appropriate court.
In South Carolina, the time limit is three years, usually measured from the date of the crash.
Once filed, resolving the case can take time. There is no maximum time for a case to resolve. It’s the job of the court to manage scheduling, balancing the need to resolve the case efficiently with allowing the parties time to build their claims and raise legal issues in advance of trial.
Gathering Evidence for Your Brain Injury Claim
Much of navigating a brain injury claim takes place outside of a courtroom.
You may need additional medical evaluations. Medical testimony may include the prognosis of the injury and long-term care that you may need. Economic experts may contribute testimony regarding the cost of future medical care.
Because a brain injury doesn’t always involve visible trauma, you must rely on medical experts to explain what happened and how it has impacted you.
Each state has its own rules of evidence, which determine how evidence may be presented in court. You must comply with these rules to admit evidence to prove your case.
Calculating Compensation for Brain Injury Claims
Compensation for a brain injury claim may cover many categories. Some of these categories may immediately come to mind, like emergency medical bills and lost income. Other losses may not be so obvious. A person may need help with daily care, live in a care facility, or experience pain and suffering, visible disfigurement, and speech impediment.
Calculating compensation for brain injury claims requires identifying all these types of losses. Compensation amounts are often high because a brain injury can significantly change a person’s life, economically and personally.
Proving the Extent and Impact of Brain Injuries
It’s important to devote attention to proving the extent and impact of brain injuries. All damages must be a part of the compensation claim. That includes damages that you may have in the future.
For a brain injury, this can be complicated. The future may be uncertain. Detailed medical imaging and evaluation may be important. Expert testimony may be needed regarding future expenses and the path to recovery.
Navigating your compensation – structured settlement or lump sum?
As you pursue a settlement, talk to your attorney about whether a structured settlement is right for you. A structured settlement can protect your funds to make sure that they are there for you in the future. It’s not right in all cases, and your attorney can discuss the things to consider as you navigate your claim.
Dealing with Insurance Company Tactics
As you work to build your case, the insurance company is working to minimize your claim. They may offer you a fast settlement, but it can be too little for your damages. The insurance company does not want you to talk to a lawyer about what your case is worth. They may accuse you of fault, hoping that it will discourage you from bringing a claim. They may stop responding to your calls and messages.
An attorney can talk to the insurance company on your behalf. Remember that you have a limited amount of time to file. Evidence can be lost quickly, so you must work diligently to prepare your case.
How a lawyer can help your case
A lawyer can help you:
- Prove your right to compensation
- Value your damages
- Identify types of damages that you may not realize you have
- Fight the insurance company tactics
- File your case in court
- Raise important legal issues to pursue your case strategy
- Answer your questions and guide you through the process
Contact
At Bobby Jones Law, we represent people in navigating brain injury claims after a car accident. You can get legal help with everything needed for your case. We invite you to call or message us now.
