Brain Injury Lawyer

When a person experiences a brain injury, the aftermath can be profoundly overwhelming; as a brain injury lawyer can attest, victims stand to experience significant life changes and long-term medical care. In some cases, a brain injury may result from another party’s negligence or wrongdoing; it’s essential to speak with a legal team like Ward & Ward Law Firm to ensure they are informed of their legal rights. Having a clear understanding of the process and the legal intricacies of personal injury law, knowing how to initiate a lawsuit, comprehending the various compensation categories, understanding the influence of pre-existing conditions, and recognizing the critical contribution of expert witnesses in the case is imperative. The following outlines five key considerations of legal options for individuals dealing with brain injuries.

  1. The Process of Filing a Lawsuit

A brain injury lawsuit typically begins with a complaint, where you (the plaintiff) detail the injury, explain how the defendant was negligent or at fault, and state what kind of compensation you are seeking. After serving the defendant, you’ll enter the discovery process, where both parties exchange information. Negotiations may follow, potentially resulting in a settlement. If no agreement is reached, the case goes to trial, where a judge or jury decides the outcome.

  1. Types of Compensation

Victims of brain injury may be eligible for various types of compensation. 

These include economic damages, such as medical bills, lost wages, and future care costs, and non-economic damages, like pain and suffering, emotional distress, and loss of enjoyment of life. In some egregious cases, punitive damages may also be awarded to punish the defendant and deter similar behavior.

  1. Impact of Pre-existing Conditions

Pre-existing conditions can impact the legal case and make the process even more complex. A defense lawyer may argue that the brain injury was pre-existing, thus affecting the victim’s compensation by working to prove the injury was not the result of the liable party’s actions. However, the “eggshell skull rule” in personal injury law states that defendants take a plaintiff as they find them, meaning if the accident aggravated a pre-existing condition, the defendant could still be held liable.

  1. The Role of Expert Witnesses

Sometimes, in cases involving brain injuries, it may be necessary to enlist help from an expert witness to prove the impact of the injury. Medical experts can explain the severity of your injury, the required treatment, and its effects on your life. Meanwhile, economic experts can testify about your financial losses, including diminished earning capacity. These testimonies can significantly influence the jury’s understanding and assessment of damages.

  1. Duration of the Lawsuit

The duration of a brain injury lawsuit varies depending on the case’s complexity, the parties’ willingness to settle, and the court’s schedule. It could take anywhere from a few months to several years. However, don’t let the potential timeframe deter you from seeking justice and compensation for the injury.

Brain injury lawsuits are complex, requiring a solid understanding of various legal facets. They involve not only filing a legal action but also understanding compensation types, acknowledging the potential impact of pre-existing conditions, comprehending the role of expert witnesses, and exhibiting patience through potentially lengthy legal proceedings.