Traumatic Brain Injury Lawyer Near Me
If someone else acted carelessly or recklessly and you or a family member suffered a traumatic brain injury as a result, you can file an insurance claim or a personal injury lawsuit and hold them accountable for their actions. Traumatic brain injury lawyers in Upper Arlington can help victims pursue compensation after an injury.
At Bressman Law, attorney David Bressman and staff are ready to help you understand your rights and options after a serious injury. We can review your case and explain how you should pursue compensation to pay for medical care, ongoing care costs, and other damages. Your case review is free and we handle these claims on a contingency basis. We serve injury victims in Upper Arlington as well as other locations in central Ohio.
Call 877-538-1116 today to get started.
Recoverable Damages in a Traumatic Brain Injury Case
Depending on the nature and severity of your injuries, or the injuries of your family member, you may be able to collect a wide range of damages. Victims with the most severe injuries and lasting impairments will naturally need more compensation to pay for around-the-clock care, future procedures, and other similar expenses.
Some of the most common damages traumatic brain injury victims are eligible for include:
- Medical care and related expenses;
- Inpatient rehabilitation;
- Outpatient therapies, such as physical or occupational therapy;
- Lost wages during treatment;
- Loss of future income and benefits, if unable to return to work;
- Home health care, in-home nursing care, and respite care;
- Other ongoing care costs;
- Future related expenses, such as disposable medical equipment;
- Wheelchairs or other adaptive equipment;
- Wheelchair lifts, ramps, or other similar modifications;
- Property damage;
- Other out-of-pocket costs; and
- Pain and suffering
Getting Compensation for a Traumatic Brain Injury
Because negligence can cause brain injuries in a variety of ways, the first thing an attorney will do when reviewing your case is identify how the accident occurred and make a list of all potentially liable parties. This allows a better understanding of the laws that might impact the claims process. Depending on the circumstances, this could include:
- Auto insurance laws;
- Personal injury laws;
- Premises liability laws;
- Product liability laws; and
- Vicarious liability
During your initial consultation, the Bressman Law team can explain the strength of your case and present your options for getting the compensation you deserve. If you decide to work with us, our team will go to work immediately to build a solid case on your behalf. This includes:
- Collecting all available evidence to support your claim;
- Interviewing any witnesses;
- Watching videos, reviewing accident reports, and analyzing other evidence;
- Enlisting the help of outside resources to understand how the injury occurred, if necessary;
- Identifying all potentially at-fault parties and defining their role in causing or contributing to your injury;
- Using evidence to prove negligence and liability; and
- Proving your damages through copies of bills, receipts, and other evidence.
Once we understand exactly how the injuries occurred, who is liable for them, and how they affected your family, we can take action to get you the full compensation you deserve. Usually, this entails filing a claim based on the at-fault party’s liability insurance policy. We outline our case against their policyholder and offer evidence to support the level of damages we demand.
Usually, the insurance company counter-offers and we enter into settlement negotiations. The most common outcome to these cases is to reach a fair settlement during this process. Because the insurer knows we have a strong case, it does not want to take the chance of losing in court.
Most traumatic brain injury cases never require us to take the liable party to court. We can avoid litigation by reaching a settlement with the insurance company that covers your damages. Only if the insurer refuses a fair settlement do we need to file a lawsuit against those responsible for your family’s struggles.
Statute of Limitations on Brain Injury Lawsuits in Ohio
Under Ohio law, victims have two years to file a lawsuit in most traumatic brain injury cases. This deadline applies to injuries that occurred in a car crash, truck accident, slip and fall case, and in many other situations.
If you fail to take action during this period, the court is unlikely to allow you to file a lawsuit against the at-fault parties. It will be difficult to hold them responsible for the damages your family suffered. While this statute of limitations legally only applies to filing a civil suit, it also affects the insurance claims process.
We need to begin collecting evidence as soon as possible in your case and file your claim before the statute of limitations expires. Having the option to sue the liable party is key in getting a fair settlement from their insurance company. Knowing we may file suit provides a major motivation to agree to a fair out-of-court settlement. No one wants to go to court when they do not have to, especially if we have a strong case.
Getting Help From a Traumatic Brain Injury Lawyer Near Upper Arlington, OH
If you or a family member suffered a traumatic brain injury in an Upper Arlington accident, you may be able to hold the at-fault party accountable for their actions and recover compensation for your family’s damages. Bressman Law offers free case reviews for brain injury victims. We can help you understand your eligibility to file an insurance claim or civil suit to recover the money you need to pay medical bills, ongoing care costs, and more.
We can help you understand your legal options for compensation and we will represent you throughout the claims process. As a small firm, our attorney can offer you the individual attention your case deserves. However, with two locations in central Ohio, we also have access to all the resources of a much larger law office.
Call 877-538-1116 today to learn more about how Bressman Law can serve you.