A traumatic brain injury or TBI is a type of injury that can affect your brain’s functions. It typically occurs due to a blow to the head or a sudden jolt. Depending on the injury’s severity, the symptoms can range from dizziness to memory loss, unconsciousness, motor function loss, and seizures. TBI can also be expensive to treat and may require extensive surgeries and rehabilitation.
If someone else in Reynoldsburg is to blame for your or a loved one’s TBI, you could file for damages to help you recover from your expenses. Find out about how you can work with our traumatic brain injury lawyer serving Reynoldsburg in taking legal action.
Proving Liability in Your Brain Injury Settlement
To prove that a negligent party is liable, you first must establish that they breached a duty of care. You also must show that this led to the incident that caused your TBI. For example, a motorist should not drink alcohol while driving. This is both illegal and dangerous to do on the road. They would be negligent if they committed a DUI and hurt you in a car accident.
More importantly, you will also need to prove that you suffered from a traumatic brain injury to recover damages for it in the first place. It would generally involve presenting documents such as medical records and official reports from qualified medical professionals. Our traumatic brain injury lawyer serving Reynoldsburg can help compile and review your evidence before determining whether it is enough to support your statements.
For a free legal consultation with a traumatic brain injury attorney in Reynoldsburg, call (614) 538-1116
Your Recoverable Traumatic Brain Injury Damages
Besides compiling your evidence, your lawyer can also estimate the amount you could recover if the settlement goes favorably. The two main types of recoverable damages are economic and non-economic damages. Economic damages compensate for the TBI’s financial costs, such as:
- Surgeries and other medical treatments
- Doctor’s appointments
- Lost wages
While you can calculate economic damages by compiling all your relevant expenses, non-economic damages are more complex. These damages repay you for the pain and suffering caused by the traumatic brain injury. Generally speaking, you may be able to recover a larger amount if your TBI is severe, as this would mean you suffered more.
Reynoldsburg Traumatic Brain Injury Attorney (614) 538-1116
Your Compensation Options in Reynoldsburg
Insurance claims and injury lawsuits are the two main ways you could get compensated for your TBI-related expenses. However, you could speak first with our traumatic brain injury lawyer before filing one or the other. They can examine your situation to advise you on the more appropriate option. The lawyer can also represent you when dealing with the insurance company or during court proceedings.
While your health insurance company could help shoulder the costs of your traumatic brain injury, you could also file a third-party claim with the liable party’s insurer. For instance, homeowners’ insurance can cover a victim’s expenses in accidents caused by policyholders. Meanwhile, Ohio’s mandatory auto insurance laws require Reynoldsburg drivers to carry liability coverage.
The liability coverage can pay your TBI expenses as long as it is within the policyholder’s limits.
If your traumatic brain injury expenses exceed insurance coverage limits, you could file an injury case against the liable party. The civil court will review the case and decide what you can recover from the other party. The lawsuit can take several proceedings before it gets a verdict, but your brain injury lawyer can guide you through the entire litigation process.
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Other Laws Affecting Your Brain Injury Settlement’s Outcome
Like other injury lawsuits, your Reynoldsburg traumatic brain injury case must comply with the deadlines in Ohio Revised Code 2305.10. That means you would generally only have two years to file your case in court. Therefore, it is best to start working on the suit early on after your injury, as the court automatically dismisses cases that miss the deadline.
The traumatic brain injury lawyer can help check if any special instances called tolling exceptions apply to your situation. These can move your deadline to make it fairer for you to file your case if you might not be able to comply with the regular two-year time limit. For example, if the liable person leaves Ohio, the statute clock will only resume once they return.
Comparative Fault Can Reduce or Bar You From Recovery
Even if you win the traumatic brain injury claim or case, the comparative fault rules in Ohio Revised Code 2315.33 could reduce the amount you recover if you are partly liable for the TBI. This is because the deduction will depend on the fault percentage placed on you.
For instance, let us say you got the TBI in a car accident. After reviewing the case, the civil court ruled you 35 percent for speeding while the other driver was 65 percent for running a red light. That means you would recover 65 percent of your total recoverable damages.
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Take a Step Towards Recovery With Our Lawyers
Although brain injuries can have a significant and often permanent effect on your life, you can still take legal action against those at fault. Bressman Law understands your difficult situation and is here to fight for your right to seek damages in Reynoldsburg and the Columbus metropolitan area.
We have over six decades of collective experience in Ohio personal injury law that we are ready to use for your case. Check out our client testimonials to see what past clients have shared about their experiences working with us. You can have a free consultation by calling us today. We can also accommodate you through our live chat support if you have other concerns.