Head injuries tend to be frightening, and for good reason. A traumatic brain injury (TBI) can significantly impact your life and result in lifelong complications. If you sustained a TBI as the result of another party’s action or inaction, you could be eligible to file a lawsuit and recover compensation. Securing the services of an experienced Anderson TBI attorney can be critical.
At Vaughan & Vaughan, we have been in the business of helping injury victims throughout Indiana recover compensation from those liable for their damages for over 100 years. Contact us today by phone or through our website to get a free consultation with one of our personal injury lawyers in Anderson.
Submit Your Traumatic Brain Injury Lawsuit Before the Filing Deadline
When pursuing compensation through a lawsuit after suffering a TBI, it is critical that you pay attention to the statute of limitations. In Indiana, injury victims are generally permitted two years to file a lawsuit under the state’s personal injury statute of limitations. If you miss the filing deadline, you will likely be unable to collect damages.
However, you must understand that special circumstances could apply to your case, which allow you to file a lawsuit long after the standard two-year cutoff. Alternatively, you could be in a position where the details of your case place additional limitations on the length of time you have to take legal action.
The best way to avoid being surprised by an unexpected deadline is to consult an experienced TBI lawyer in Anderson soon after your accident. Your lawyer will identify whether any special conditions apply to your case and ensure that all the necessary paperwork is completed and filed long before the cutoff date.
Actions Your Traumatic Brain Injury Lawyer Will Take on Your Behalf
When you hire a TBI attorney after suffering an injury, they will take over every aspect of your legal case. The first thing your lawyer is likely to do is launch their own investigation into your accident. The purpose of this inquiry will be to collect evidence that supports your injury claim and establish the liability of the at-fault party.
After completing their initial investigation, you can expect your lawyer to review the damages you sustained as a result of your injury and calculate how much your case is worth. Your attorney will then take the steps necessary to submit the paperwork and complete the process of a personal injury lawsuit or an insurance claim.
In parallel to building a strong case in support of your claim in advance of a potential trial, your attorney will also be in negotiations with the opposing party, attempting to come to terms on a settlement deal. If a settlement agreement can not be reached, your lawyer will proceed to fight for the compensation you deserve in court.
Settling Vs. Taking Your Case to Trial
The main benefit of taking your case to trial is that there is the potential to recover more money than you would get by taking a settlement. However, the downside is that you may end up with nothing. Even if your case is strong, a jury trial can be unpredictable, and no lawyer can guarantee a victory. Settling also provides a much quicker means of recovering damages.
The perks of going to trial for the defendant include potentially avoiding having to pay the accident victim anything for their damages. However, the cost of losing in court can be far worse than settling, especially when you consider the additional legal fees. Taking a settlement also means avoiding any unwanted press coverage that may accompany a trial.
Since it is typically in the best interest of both parties to come to terms on a deal, the majority of TBI cases never go to trial. Despite this, you still need to ensure you secure the services of an accomplished trial lawyer. There is always that possibility that reaching a settlement deal won’t be possible, and a court appearance will be necessary to resolve your claim.
Commonly Available Damages Following a TBI
After being involved in an accident that resulted in a TBI, you will likely be able to recover a wide range of damages from the liable party. Identifying all the damages that apply is critical for recovering the full value of your claim. Determining which damages you are eligible to pursue can be difficult without the help of an experienced Anderson TBI attorney.
All the damages you can recover after an accident can be sorted into one of three categories.
Every loss caused by your accident that directly impacted your financial situation belongs in the category of economic damages. The value of these damages is usually easy to assess since these losses are monetary in nature. Following a TBI, the damages you are most likely going to be able to recover include:
- Property damage
- Money used for daily tasks you can no longer complete yourself
- Medical bills
- Future medical expenses
- Lost earnings
- Diminished earning ability
All other losses caused by your TBI are sorted into the incredibly broad category of non-economic damages. Since these losses affect victims on a personal level rather than a financial one, attempting to assign a dollar figure can be challenging. Following a TBI, the damages you are most likely going to be able to recover include:
- Pain and suffering
- Loss of companionship
- Loss of consortium
- Permanent disability
- Decreased quality of life
- Mental anguish
- Emotional distress
Punitive damages are far different from the compensatory damages reviewed above. These damages are not used to help replace the losses suffered by the injury victim. Instead, punitive damages are meant to serve as a form of punishment for the liable party.
A judge will only award punitive damages in extreme cases. For your case to qualify for punitive damages, your injury must have resulted from criminal negligence or intentional harm.
Get Help From an Experienced TBI Lawyer Serving Anderson Today
Securing the services of an experienced TBI lawyer in Anderson will give you the best chance of recovering the money you need from the liable party. At the law firm of Vaughan & Vaughan, we have a long list of case results that accurately reflect the work we do on behalf of our clients.
Reach out to us today by completing our online contact form or giving us a call and schedule your free case review with a member of our legal team.