Many accident injuries are nominal in severity and have long-term complications following the mishap, but that is assuredly not the case with traumatic medical issues such as brain injury. The level of injury is central to settling any personal injury claim for brain trauma, as many times the victim has little hope of recovering to their former health status. Rehabilitation for a brain injury is limited in scope for the most part, and the true difficulty when evaluating the extent of an injury is determining the long-range impact and personal struggles for the remainder of the victim’s life. In addition, the plaintiff attorney must prove their injury is due to the negligence of another party regardless of the material case facts. This is not always a simple legal task, and having an experienced brain injury attorney is vital in receiving maximum compensation for the claim.
Proving the Case
Brain injuries can happen in a wide variety of ways, but many times they are the result of an auto accident or a slip-and-fall situation. A diligent brain injury attorney firm like Blackburn & Green will leave no detail alone when the possibility for financial compensation is available, including taking a case to full trial for a punitive damage award from a sympathetic jury. Your attorney must prove the injury occurred relative to actions by the opposing party and that the injury is due to their negligence. Gross negligence is a common component of any brain injury case, including medical malpractice, and the attorney who handles the case can be a real advantage in adjudication because they understand what to expect from the defendants.
The long-term ramifications of any brain injury are significant. Damages can include recovery for medical bills throughout the life of the injured plaintiff along with compensation for all lost wages over the course of what would have been their working career. This is not to mention a significant general damages claim for long-term impact. Even though brain injuries can vary widely in severity, they almost always result in total disability for the injured plaintiff. This includes an impact on the family as well, especially when the injury eventually results in the death of the victim. Wrongful death claims could then arise, which makes having an experienced brain injury attorney even more valuable if the case becomes worse. However, it is important to remember that auto accident cases will involve assessment of injured drivers with respect to causing the accident, and Indiana uses 51% modified comparative negligence law. This means that even a 50-50 accident victim who was driving at the time will still be eligible for financial recovery for a brain injury claim. This is typically the area of the case where your attorney will work hardest in ensuring maximum compensation.
Contact Blackburn & Green
The attorney you choose when filing a brain injury claim can make a major difference. That difference maker in Indiana is Blackburn & Green. Our attorneys have earned numerous distinctions, including membership in the Million Dollar Advocates Forum and being honored as a Top 10 Attorney in Personal Injury by the NAOPIA. We take these distinctions and honors seriously, and so do insurance companies. Contact us today to schedule a free case review.
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