When to Take Action After a Traumatic Brain Injury
Indiana Code section 34-11-2-4 controls how long you may file a traumatic brain injury claim after your initial accident. You have no more than two years after your accident to investigate your circumstances and bring forward evidence of another party’s negligence. That filing deadline is a firm one. Fail to bring your TBI claim forward before your statute of limitations expires, and Hoosier courts can throw out your complaint without due consideration. How, though, can you file a traumatic brain injury claim if you’re contending with doctor’s appointments, physical therapy, and getting back to work? You can request that an attorney manage your case for you. Carmel traumatic brain injury lawyers can rely on their professional expertise to investigate your losses while you focus on getting your life back on track.Requesting Alternative Representation in a Traumatic Brain Injury Case
If you don’t think you can represent your own best interests in a traumatic brain injury case, or if you want to act on behalf of a severely injured party, you may have the right to do so. Indiana allows an injured party’s personal executor to take legal action on the injured party’s behalf should the injured party not have the physical means to accurately represent their losses. You can discuss your right to serve as alternative representation or to secure it with an attorney before initiating a traumatic brain injury case.How to Take Action After a Traumatic Brain Injury Accident
You have an obligation to file a personal injury claim with Indiana’s civil courts if you want to take action after a traumatic brain injury accident. To file a personal injury claim, you need to bring forward evidence of another party’s liability while presenting the court with an estimate of the damages you want.We Use Evidence to Hold Other Parties Liable for Your Losses
Vaughan & Vaughan’s traumatic brain injury attorneys in Carmel rely on evidence to establish fault after a traumatic brain injury accident. We cannot demand compensation on your behalf if we don’t know who to blame for your losses. Fortunately, our combined decades of experience can help us identify the most relevant evidence to your case. That evidence can include the following:- Statements from accident witnesses
- Social media posts
- Input from medical professionals and emergency responders
- Speculation on liability from police officers and insurance claims adjusters
- Accident recreations
- Other expert witness statements
- Accident debris
Let’s Calculate the Damages You Deserve
Traumatic brain injury accidents can entitle you to non-economic damages on top of your economic damages. Non-economic damages include intangible losses like the pain and suffering you’ve endured since your initial accident. You can also request compensation for any emotional distress, stress, or mental anguish your accident caused. Your traumatic brain injury accident’s economic damages are, fortunately, more concrete in nature. Your right to these damages hinges on your ability to tie certain losses, like medical expenses, physical therapy, and property damage, back to the accident that caused your TBI. Our team can make those connections on your behalf before submitting an estimate of your total due compensation to an Indiana civil judge.What to Expect After Filing a Traumatic Brain Injury Claim
You have two ways to secure TBI compensation, provided that a civil court moves your case forward. If you want to keep your case out of court, you can request that a liable party meet you for negotiations. This process can see you and an attorney present your desired compensation to a liable party and compromise on certain losses. You can alternatively request that your case go straight to trial. The trial process will require you to undergo discovery before your trial date. After that, you can expect to go through:- Opening statements
- Examination
- Cross-examination
- Closing statements
- Deliberation and verdict