When Should I Contact A Lawyer After Sustaining a Brain Injury?

October 26, 2022 Posted In Brain Injuries

If you sustained a traumatic brain injury due to another party’s negligent actions or wrongdoing, contact a lawyer as soon as possible. Even a mild traumatic brain injury (TBI) can have long-term repercussions. Securing the compensation you and your family need for ongoing treatment and rehabilitation and remaining financially secure in the future is critical. Hiring a brain injury attorney in Riverside will significantly increase your chance of doing so in the following ways. 

Legal Counsel

Even if you are unsure who is liable for your TBI, an attorney can help you understand the legal aspects of your accident and answer any questions. In addition, they have the resources to investigate and determine which parties are responsible and to gather the evidence you need to hold them accountable. As a result, they will save you and your family from hours of extensive legal research on your options for obtaining compensation. 

Liability is Disputed

Having someone on your side you can trust and who can help you navigate the claims process is vital. California’s rule of “pure comparative negligence” will reduce your compensation if the responsible party denies liability and can successfully place blame on you. Under this law, each party is assigned a percentage of fault for their contribution to an accident that lowers their compensation accordingly. For example, if you are awarded $100,000 and found 30 percent to blame, you will only receive 70 percent of the award or $70,000. When fault is disputed, you will need strong evidence to support your claim. An attorney will ensure that liability falls on the appropriate parties and that you are fairly compensated. 

Protection From Insurance Companies

Even if the at-fault party accepts responsibility, their insurance company will not automatically offer the compensation you deserve. Insurance company adjusters may seem nice, but they are trained to settle claims for as little money as possible. If an attorney is not representing you, the adjuster may take advantage of you by pressuring you into an unfair settlement, delaying payment, or denying your claim and assuming they can beat you in court. With a lawyer on your side, there is a looming threat of a lawsuit. They will handle all communication and negotiations with the insurer so that your claim is taken seriously. 

Recovering Full Compensation

A TBI can also be financially devastating. You may be unable to work for weeks, months, years, or ever again due to your symptoms. If you do recover physically, some TBI victims also suffer emotional distress (e.g., depression, anxiety, insomnia, PTSD, etc.), making them unable to earn the same level of income as before their injury, and giving them a diminished quality of life. Overall, the average lifetime cost of care can reach millions depending on the severity of a TBI. Securing the amount of compensation you and your family need now and in the future will require the help of a San Bernardino  brain injury lawyer. They can assess the value of your case and hire experts, if necessary, to testify to the cause of your TBI, the extent of the injury, and its long-term impact on your life. Studies show that injury victims who hire a lawyer generally receive three and a half times more compensation in settlements or awards, even after paying legal fees, than those who don’t.