How do you recover from a traumatic brain injury (TBI)? You work with medical professionals to address the severity of your losses, and you participate in physical therapy. Unfortunately, though, these practices can cost a lot of money. If you don’t have an emergency fund, those expenses can rapidly add up.
It’s not fair that you have to pay for unexpected therapy and medical care because you endured a traumatic brain injury. The good news is that Indiana’s courts agree with you. If you can bring forward evidence indicating that someone else bears the blame for your recent traumatic brain injury, you can demand that said party pays for your recovery.
Traumatic brain injury lawyers in Indiana can represent your best interests if you choose to move forward with a personal injury claim after an accident. You can work with the Indiana personal injury lawyers with Vaughan & Vaughan to initiate your claim today.
Your Traumatic Brain Injury Case Timeline
If you want to take legal action after a traumatic brain injury accident, you need to do so within Indiana’s personal injury statute of limitations. The state’s traumatic brain injury cases fall under the personal injury umbrella, making it easier for courts to categorize the complaints that injured parties like you bring forward.
Indiana outlines its personal injury statute of limitations in Indiana Code section 34-11-2-4. The statute states that parties in your position have no more than two years to prove that another party’s negligence led to a traumatic brain injury accident.
You must bring a completed complaint forward by your accident’s second anniversary if you want a judge to consider moving your case forward. Failure to submit a claim within Indiana’s statute of limitation gives the state the right to reject your request for compensation.
Can You Request Alternative Representation After a Traumatic Brain Injury?
You have the right to pursue your own traumatic brain injury accident claim after a devastating loss. You do not, in other words, have a legal obligation to work with an attorney. Working with an Indiana traumatic brain injury attorney can make it easier for you to secure compensation for your losses, though.
In a similar vein, you may conditionally have the right to represent a loved one or secure that loved one’s legal representation if a traumatic brain injury renders that party unable to represent themselves in civil court.
Indiana only allows a person’s personal executor to take legal action on their behalf, though. If you don’t fill that role, you cannot bring a civil case forward on the injured party’s behalf.
If you have questions about your right to representation and what roles you can play in the wake of a traumatic brain injury, consider scheduling a case consultation with the personal injury lawyers near you.
What to Do After a Fatal Traumatic Brain Injury
If a traumatic brain injury accident results in a loved one’s death, you and your family may have the right to file a wrongful death claim on that party’s behalf.
Again, only the deceased’s personal executor may initiate a civil claim against the party that caused your loved one’s fatal TBI. You and your family, however, may come away from a wrongful death traumatic brain injury lawsuit with the compensation you need to pay for a loved one’s medical expenses and funeral.
Proving Your Right to Traumatic Brain Injury Compensation
Before you can submit a traumatic brain injury claim, you need to investigate the nature of your accident and prepare a docket of information to present to a civil judge. You must specifically:
Estimate Your Case’s Value
The primary purpose of a personal injury claim is to secure compensation for your traumatic brain injury losses. So long as you have evidence on hand tying certain losses back to the negligence that caused your accident, you can demand that a liable party compensate you for accident-related losses.
The losses you take into account when calculating the value of your TBI case can include the following:
- The cost of emergency, at-the-scene care
- Ambulance fees, if applicable
- Long-term medical treatments
- Physical therapy
- Lost wages
- Lost opportunities for employment
- Pain and suffering
- Emotional distress
- Property damage, if applicable
Establish Accident Liability
Who takes the blame for a TBI? That depends on the circumstances that led to your accident. For example, the party liable for a TBI resulting from an unmonitored high school football game will differ greatly from the party liable for a TBI after a car accident.
When in doubt, though, look at the evidence you have available at the accident scene. What did bystanders see happen? Are there videos or photos of your accident? What opinions can police officers and emergency responders provide you with based on your post-accident condition? You can use all of this information to identify accident-causing negligence and a liable party.
What’s more, you don’t have to do that analytical work on your own. Traumatic brain injury lawyers in Indiana can bring forward the evidence most relevant to your TBI lawsuit and compile it into a readable and engaging format.
We can then defend our claims before a judge or in private negotiations with a liable party. You, in the meanwhile, can get the medical attention you need.
Vaughan & Vaughan Can Defend Traumatic Brain Injury Accident Survivors
You have the right to hold the party responsible for your or a loved one’s traumatic brain injury liable for your losses after an accident. The traumatic brain injury attorneys in Indiana can represent your best interests should you choose to negotiate for a settlement or take your claim before a judge.
If you have questions about the benefits of pursuing a personal injury claim or if you want to secure representation after an accident, you can contact Vaughan & Vaughan. We offer free case consultations to traumatic brain injury accident survivors who need help contending with their post-accident expenses. Let’s schedule your evaluation today.