If you or a loved one suffered a brain injury in a negligence-based accident, you could be entitled to financial compensation. Without legal representation, you need to know what you need to do to file a traumatic brain injury (TBI) lawsuit. However, for a layperson this will be a difficult task.
You can hire a Columbus personal injury lawyer to handle your case. Their familiarity with state and local law means they can help you navigate an otherwise complex process. A law firm will usually do an initial consultation at no cost or obligation. They will also gather evidence of negligence and identify the at-fault party. They will also negotiate on your behalf and help you fight for a fair and appropriate outcome.
Prove the Cause of Your Traumatic Brain Injury
Most cases are resolved with a settlement. Evidence your legal team collects to prove the cause of your TBI can include:
- Pre-injury medical records
- Post-injury medical records
- Therapy and rehab records
- A written future prognosis
- Medical expert testimonials
Statements from family and friends can also attest to the toll a brain injury has taken on your life and lifestyle. You do not have to manage this huge undertaking on your own. A Columbus personal injury lawyer in your area can handle all the details of your case. While they do, you can focus on your recovery or on helping a loved one through theirs.
Identify the At-Fault Party
You must identify the person or entity whose negligence caused your injury in order to pursue them for compensation. The investigation your personal injury lawyer instigates will uncover the at-fault party via witness testimony and accident reports.
Their identification may lead to the identification of the appropriate insurance company. This could be auto, homeowners, or other applicable policies. Your lawyer will identify the insurer, too, and explore the applicable policy for coverage details and limitations.
Determine the Applicable Statute of Limitations
You are entitled to compensation for injuries caused by negligence. Your entitlement has a statute of limitations — a filing deadline imposed by the state. Failure to comply could prevent you from filing your lawsuit. It could also mean your lawsuit will be dismissed out of hand.
Either outcome could mean you inadvertently forfeit your legal ability to compel compensation. A local attorney can ensure timely compliance and protect your right to recover damages.
The Legal Steps Involved in Your Lawsuit
In most cases, a lawsuit follows an unsuccessful settlement negotiation. If that happens in your case, the steps involved in your lawsuit include the following:
- A lawsuit is filed in the appropriate court.
- Attorneys hold discovery and depositions.
- Each attorney argues the case at trial.
- A finder of facts makes a legal determination.
Your lawyer will explain each step as it occurs. They will also ensure you know what is coming up, what to expect, and the anticipated lawsuit timeline.
How a Personal Injury Lawyer Can Benefit Your Case
You can attempt to represent yourself at trial or in settlement negotiations. There are benefits to hiring a personal injury law firm, however, including the following:
- Conducting a comprehensive investigation
- Assessing the monetary value of your lawsuit
- Identifying the at-fault party and assigning liability
- Collecting compelling documents and evidence
- Speaking with interested parties on your behalf
- Completing and submitting insurance and legal forms
- Clarifying complex legal and insurance language
- Addressing each of your legal questions and concerns
- Providing ongoing updates as your case progresses
A TBI lawyer will also represent you in court. The lawyer’s goal is to achieve the best possible outcome of your case.
You May Not Have to File a Lawsuit at All
A trial is uncommon in most personal injury cases. Once evidence is collected, submitted, and reviewed, it usually leads to an out-of-court settlement. If this is a possibility in your case, your lawyer will explore this option.
- Prepare and present a demand letter
- Handle repeated settlement offers
- Advise you on the merits of each
- Steer you toward a well-informed agreement
Your lawyer will fight for an adequate financial settlement, which will avoid a lengthy trial with its accompanying uncertainty. If one is not forthcoming, they will not hesitate to keep fighting for you in court.
Contact Our TBI Case Review Team Today
Have you or someone you love suffered a TBI due to an accident caused by someone else’s negligence? Our law firm will explain what you need to do to file a traumatic brain injury lawsuit. We will also explain how we take care of your case for you. With our legal support, you can focus on your recovery.
Find out how hard we go to bat for you by contacting our consultation team at The Fitch Law Firm LLC for your free case review today.