A Springfield traumatic brain injury (TBI) lawyer with Fitch Law Firm can protect your interests if you or a loved one was injured by a careless or negligent individual. We can explain your rights and help you pursue fair compensation.
In TBI cases, we can calculate an appropriate settlement based on your and your family’s physical, mental, and financial losses. This settlement can help you pay for all the care you will need, now and in the future.
What Are The Common Recoverable Damages in a Springfield TBI Case?
Once you have identified the at-fault party, you must quantify the expenses and damages that you wish to recover from them. In most cases, you can seek compensation for medical treatment expenses related to your TBI. These may include the costs of:
- Diagnostic scans
- Blood tests
- Surgical procedures
- Physical therapy
- Psychological therapy
- Vision, hearing, or social/emotional assessments
In addition to current and future accident-related medical expenses, the following economic damages may be recoverable in a personal injury case:
- Lost wages for the time that you were unable to work due to your injuries
- Reduced earning capability, if you can no longer work at the same capacity as before the accident
- Property damage
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You may be able to use medical treatment invoices, income statements, and similar forms of proof to quantify the losses that you sustained. A Springfield traumatic brain injury attorney can help to project the future costs of care to ensure that your damages are properly compensated.
TBIs Often Result in Significant Non-Economic Harm
In addition, we help clients pursue non-economic damages or compensation for physical and psychological injuries. The following damages may be available to you:
- Pain and suffering
- Intellectual or physical disability
- Mental anguish
- Loss of quality of life
- Loss of consortium
While not easy to assign a monetary value to, non-economic damages are an important part of any financial recovery. Your TBI attorney in Springfield can review the results of previous successful claims to determine a pain and suffering estimate in your case.
What Can A TBI Lawyer From Our Firm Serving Springfield, OH, Do For Your Case?
Our team is dedicated to helping clients receive the legal care they deserve. Among the tasks that we frequently perform on our clients’ behalf are the following:
- Coming to you: If your traumatic brain injury keeps you from traveling, we can visit you at home or in the hospital—wherever is most convenient for you.
- Investigating the injury: The insurance company, and perhaps even the authorities, have looked into your accident. We can also do so with the goal of collecting evidence to boost your case.
- Negotiating a settlement: We can meet with representatives from the insurance company and fight hard to get them to pay an appropriate settlement.
- Taking the case to trial: If the insurance company does not offer a fair settlement, we can work to persuade a jury to award you the money you need.
- Making our services affordable: In addition to evaluating all cases at no charge, we can defer attorney’s fees until the end. If we cannot get compensation for you, you do not pay any attorney’s fees, ever.
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The Fitch Law Firm LLC represents accident victims in a wide range of personal injury cases. A traumatic brain injury lawyer serving Springfield from our firm may be able to manage all aspects of your TBI case so that you have one less thing to worry about as you recuperate.
Did Negligence Cause Your Traumatic Brain Injury?
If another party’s negligence caused your TBI, they may owe you compensation. Accident types that may warrant a personal injury suit include:
- Car accidents
- Truck accidents
- Medical malpractice
- Slip and fall
- Workplace accidents
- Defective drugs or products
- Wrongful death
If you can prove that another party’s negligence caused your accident and your TBI, they may be liable for your accident-related damages. A traumatic brain injury attorney in Springfield can investigate your case to determine all sources of liability and identify evidence that can support your claims of negligence.
Who Can Be Held Liable for a TBI Claim?
Depending on where and how you were injured, you may be able to hold the following parties liable for your TBI-related damages:
- Vehicle operators: if a negligent car, truck, or motorcycle operator caused the accident that injured you, the driver can be held responsible
- Medical caregivers: if a doctor, nurse, or hospital administration harmed you while they were providing you with treatment, your Springfield TBI lawyer can help you file a malpractice claim
- A business owner: if you suffered an injury on the premises due to the owner’s lack of compliance with safety regulations, your lawyer can work to hold them accountable
What are the Deadlines to Sue for a Personal Injury in Ohio?
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There are deadlines for filing certain types of lawsuits in Ohio. Generally speaking, there is a two-year statute of limitations on personal injury lawsuits per Ohio Revised Code Section 2305.10. However, this deadline may be different in your case, depending on several factors.
Failure to take legal action by the specific deadlines could prompt a court to dismiss the lawsuit, leaving you unable to recover compensation for your damages. Working with a traumatic brain injury lawyer in Springfield can help you to avoid missing important deadlines and making costly mistakes.
Why Should I Begin My TBI Case as Soon as Possible?
Starting your case sooner may make it easier for us to build a strong, persuasive case. Examples of evidence that may not be available if you wait too long include:
- Surveillance video or traffic cam footage
- Eyewitness testimony
- Photographic or video footage from witnesses
A TBI attorney can take steps to ensure that the opposing party is aware of the legal consequences of tampering with evidence. When you involve an attorney early in the claims process, you have a better chance of protecting the critical information needed to prove your case.
What are Some TBI Symptoms to Watch Out for After an Accident?
Depending on the severity of their injuries, TBI victims can suffer a wide range of physical, sensory, cognitive, and emotional issues. Per the National Institute of Child Health and Human Development (NICHD), TBI symptoms may include:
- Headaches and dizziness
- Blurry vision
- Difficulty thinking
- Nausea or vomiting
- Sensitivity to noise and/or light
- Difficulty maintaining balance
- Feelings of anxiety or depression
TBIs may require emergency medical treatment. If you suspect that you have any TBI symptoms after your accident, it is best if you see a doctor immediately. A doctor can:
- Help you diagnose and begin treating your TBI
- Create evidence in a medical record linking your TBI to your accident
- Prevent TBI symptoms from becoming more serious or even life-threatening
What Treatment Costs Might Be Associated With a TBI?
Depending on the severity of your TBI and related injuries, doctors may administer a wide range of treatments. While a doctor may order rest, medication, and careful monitoring for mild TBIs, more serious injuries could require additional treatment. According to the Mayo Clinic, severe TBI treatment may include:
- CT scans or MRIs
- Prescription medications
- Inducing a temporary coma
In addition to the costs of treatment, the symptoms and issues that may come with TBIs can seriously hamper your ability to live your life as you did before the injury. TBI symptoms may interfere with your ability to work and maintain normal, healthy relationships with family, friends, and the community.
No matter what treatments you need or how serious your traumatic brain injury is, a lawyer for traumatic brain injuries in Springfield can help you seek fair compensation from the liable party.
How Do Insurance Claims Work After a TBI?
The insurance claims process can vary widely depending on how your traumatic brain injury occurred. Generally, you will file a claim with the liable party’s insurance provider. In most cases, an insurance policy protects liable parties.
For example, if you suffered a TBI in a slip and fall accident, the property owner would likely have some type of homeowners insurance or general liability insurance. If you were involved in a motor vehicle accident, the liable driver would likely have auto insurance coverage protecting them.
You file a claim with the liable party’s insurance company to recover compensation for your damages. Insurance claim claims are often complex, and many factors can influence your insurance settlement amount, including:
- What types of coverage the liable party purchased
- The amount of coverage the liable party purchased
- The types of damages you are seeking recovery of
- Whether you share fault for causing the accident
A Springfield traumatic brain injury lawyer can negotiate with the insurance on your behalf to reach a fair settlement.
What if the Insurance Company Contacts Me?
Do not be surprised if the insurance company attempts to make you a low settlement offer or place unwarranted blame for the accident on you. They use these tactics to reduce the compensation they may be obligated to pay you.
You can protect your injury settlement by having our Springfield traumatic brain injury attorney handle the negotiation process on your behalf. Refer any communication from the insurance company to your lawyer to protect your rights and claim.
What Happens if I’m Partially Responsible for My Traumatic Brain Injury?
Sharing fault for your traumatic brain injury or the accident that caused it can impact the compensation amount you can be awarded. Fortunately, Ohio follows a modified comparative negligence system.
Here, if you are partially at fault for the injuries you sustained, you can still recover the compensation for your damages, as long as your portion of fault does not exceed 50%. Once your damages exceed this limit, you likely will not be able to have your case heard in the civil court system.
You can also expect a lower injury settlement amount that reflects your portion of liability. For example, if you were found 10% responsible for your traumatic brain injury, you could expect your injury settlement to be reduced by 10%.
If you have concerns about how your traumatic brain injury settlement could be affected by Ohio shared fault laws, discuss these concerns with your Springfield TBI attorney.
Springfield Traumatic Brain Injury FAQ
You may have many questions regarding liability, cause, compensation, and what to expect from the claims process in general.
With this in mind, we have answered some of the most frequently asked questions surrounding traumatic brain injury claims above. If you have further questions we did not answer here, we can answer them during a free consultation. During that time, we can discuss your case’s details further.
Contact the Fitch Law Firm LLC Today About Your Traumatic Brain Injury
If you suffered a TBI due to another party’s negligence, you do not need to face the legal process on your own. A traumatic brain injury lawyer from our Springfield, Ohio office can handle your case’s legal work while you focus on recovering.
For a free case review with a member of our team, contact the Fitch Law Firm LLC today. We may be able to represent you on a contingency fee basis with no upfront attorney’s fees required.
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