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The Legal Entitlements of Brain Injury Victims
Severe brain injuries can cause devastating mental and physical health conditions. Many times, victims are affected for the rest of their lives, unable to return to work or normal life again. If your brain injury was caused by the negligence of another party, you shouldn’t have to deal with these consequences alone.
Fortunately, the law allows brain injury victims to file lawsuits for damages relating to their injuries, medical expenses, and pain and suffering. Knowing your rights is the first step of filing a successful personal injury claim.
In this article, we’ll explain how brain injury victims can ensure they’ll receive full legal entitlements in Ventura.
You Can File a Personal Injury Claim
One of the best ways to secure financial compensation for your brain injury is by filing a personal injury claim. A personal claim is a lawsuit to collect damages from the negligent party.
In a personal injury claim, you are the plaintiff. This means that the burden of proof is on you to prove your claims. You must do so with the preponderance of evidence, simply showing enough evidence that verifies your claim.
In addition, the person or entity you accuse of negligence is the defendant. They do not have to satisfy a burden of proof. They can even undermine or deny your claim in pre-trial negotiations and court.
With that said, a large majority of civil cases are settled out of court. If your claim has merit, the defendant may settle quickly to avoid the financial and reputational repercussions of losing a trial.
Nonetheless, this isn’t a guaranteed outcome and you should hire a personal injury attorney to prepare yourself for any legal scenario.
You Should Hire a Lawyer to Protect Yourself from the Defendant
If you decide to pursue a personal injury claim, it’s highly recommended that you should hire a personal injury attorney. Specifically, you should hire an attorney to protect yourself from the defendant.
Here’s why:
- If you’re suing a powerful entity or a person with massive financial resources, you will be at a legal disadvantage if they have a team of lawyers on retainer.
- Hiring a lawyer forces the defendant to take your lawsuit seriously. Otherwise, they may just refute your claim and dare you to court.
- Your lawyer will file the necessary paperwork, serve the defendant, and issue a demand letter to kickstart the claims process before the statute of limitations runs out.
As you can see, there are several reasons why you need an attorney to pursue a personal injury claim. Ultimately, hiring a personal injury lawyer increases your chances of securing fair compensation for your brain injury.
Your Lawyer Can Estimate the Value of Your Claim
An ordinary brain injury victim will likely not know how much their claim is worth. As a result, it’s very possible for the defendant to offer a nuisance value settlement that’s far below market value.
For example, let’s say that you’ve suffered a traumatic brain injury from a catastrophic slip and fall accident. Because the defendant failed their duty of care toward you, they are willing to offer you $50,000 for your injuries.
However, your claim is actually worth $500,000 because you’ve received life-altering physical and mental complications. You’ve also missed out on wages from your job, and you need long-term physical therapy.
The defendant often hopes you will take a low-ball offer out of desperation to improve your financial well-being. An experienced personal injury attorney can see through these tricks and accurately assess the value of your claim.
Hiring an Attorney Helps to Level the Playing Field
If the defendant is willing to negotiate a settlement, this is the perfect time to have a lawyer present. A competent personal injury attorney is a skilled negotiator. They will act in your best interest to secure fair compensation for you:
- Medical and rehabilitation expenses
- Lost wages
- Pain and suffering
A respectable personal injury attorney isn’t afraid to take your claim to court if your demands aren’t met at the negotiation table. With an attorney present, you can level the playing field against a defendant with an army of lawyers on their side.
You Can Go to Court to Win Your Claim
While most civil claims are settled out of court, some end up going to trial. During this phase, your claim will be heard by a judge and jury. If you have an attorney on retainer, you may not have to pay them for your visits to court.
Many personal injury lawyers work on a contingency basis. This means they don’t get paid unless you win your case. As such, you can eliminate your legal fees and focus on recovering from your injuries.
This can be a significant disadvantage for the defendant. Typically, the defendant has to pay their lawyers throughout the claims process. If your claim has merit, they may settle before the verdict to save money, especially if it’s a possibility they could lose in court.
You Can Prove Your Claim with Substantial Medical Evidence
If you’ve been diagnosed with a brain injury, you can use medical records and documents from your doctor to prove your claim. Your lawyer can gather this supporting evidence to show a correlation between your brain injury and your accident.
An experienced personal injury law firm will utilize its tools and resources to build a solid claim on your behalf.
Contact Skinner Law Corp
Overall, brain injury victims have full legal recourse to pursue damages for their injuries. If your brain injury was caused by someone else’s negligence, you have the right to file a personal injury claim.
If you decide to take this route, you should speak to the legal team at Skinner Law Corp. We help brain injury victims get the compensation they deserve. Contact us today to speak to a member of our team.
