Traumatic Brain Injury can be a catastrophic injury with life-long repercussions. Due to the extensive nature of brain injuries, the subsequent legal claims can be lengthy and complex. Due to the nature of a TBI incident, it is of utmost importance to hold those responsible accountable to begin to rebuild your life. Working with an attorney is necessary to ensure that all bases of your case are covered and you receive maximum compensation.
An experienced brain injury attorney can help you determine the available options for financial and physical recovery to obtain the compensation you deserve. Continue reading for an additional five reasons to hire a lawyer for your traumatic brain injury case.
1. TBI is a Life-Changing Experience
Traumatic Brain Injury (TBI) represents merely one facet of the spectrum of brain injuries arising from the consequential blunt force trauma inflicted upon the skull. Incidents leading to TBI encompass a range of scenarios, including but not limited to automobile accidents, slip and fall mishaps, and construction-related incidents. Additionally, TBI can manifest when the brain undergoes accelerated and decelerated motion within the confines of the skull, commonly associated with whiplash.
The ramifications of TBI, both psychological and physical, stand as profoundly harmful to the affected individuals and their familial circles. The recovery trajectory necessitated by such injuries is extensive, with victims often grappling with cognitive dysfunction, memory deficits, and temperamental issues. The gravity of TBI underscores the need for a nuanced understanding of its repercussions, emphasizing the profound challenges faced by the victims and their support systems. Bostwick & Peterson's legal team, with vast expertise and resources, collaborates with the victim and their family to devise the optimal plan, aiming to reduce additional stress for all parties involved.
2. Collect Evidence to Support Your Case
In a TBI case, it is reliant on the plaintiff to prove that the defendant acted negligently, without reasonable care. They must demonstrate how the defendant’s actions caused the injury. In these cases, our team will privately investigate the various causes of the negligence, i.e., medical malpractice, technology malfunctions, systemic issues, etc, while working with expert witnesses to support diagnosis and treatment. At Bostwick & Peterson, we are fortunate to have a network of skilled physicians and brain injury experts available to evaluate your claim and determine future medical costs. This professional assessment can be vital in securing maximum compensation in your case.
3. Meet All Legal Requirements and Expectations
There are multiple legal requirements and expectations when it comes to TBI cases. In the state of California, the statute of limitations for TBI lawsuits states that the case must be brought "within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered the injury." Alternatively, within three years from the injury date or before three years pass, whichever occurs first, (California Code of Civil Procedure section 340.5). Meeting with an attorney as soon as possible is paramount to guarantee your claim coincides with the state's statute of limitations.
Due to the serious nature of TBI, if the victim suffers severe cognitive impairment, family and loved ones need to consider the possibility of a conservatorship. A conservatorship is another legal proceeding that will determine if the TBI victim cannot take care of their basic needs and, therefore, needs a family member or close friend to take over the role of conservator. A lawyer can help you determine the necessary next steps.
4. Negotiate Aggressively On Your Behalf
When our lawyers take on a TBI case, their commitment extends beyond conventional negotiations with insurance companies. Bostwick & Peterson is dedicated to advocating for your interests and striving to secure a future for the victim that resonates with a sense of wholeness. This entails holding medical professionals and institutions accountable for negligence and recognizing the impact on the victim's life.
The CDC’s data shows us that hospitals saw approximately 190 TBI-related deaths per day in 2021 alone. At Bostwick & Peterson, our commitment goes beyond individual cases—we negotiate for proper compensation while actively working to influence policy changes. We aim to instigate systemic transformations that will have a lasting impact on the well-being of future patients.
5. Accurately Measure Lifetime Compensation
Family members and loved ones confronted with these cases bear formidable burdens, both financial and emotional. The complexity escalates when navigating insurance coverage, as having insurance does not guarantee coverage in TBI cases. Our dedicated team is committed to assisting you in deciphering the extent of your coverage, ensuring that you receive maximum compensation to alleviate any financial burdens associated with essential and future care.
In cases where a loved one has sustained severe TBI, the enduring impact on the victim must be carefully assessed. Considerations such as providing alternative transportation, arranging live-in care, or implementing specialized communication technology for the victim become essential. These necessary tools can impose substantial financial strain on the family and loved ones involved. Your attorney recognizes the gravity of these needs and will factor them into a comprehensive evaluation. This will validate that your necessary lifetime compensation is accurately determined.
Traumatic Brain Injury Attorneys You Can Trust
At Bostwick & Peterson, we have extensive experience and knowledge of TBI cases. Our expertise has resulted in record-breaking settlements, in instances such as securing substantial compensation for a 56-year-old woman impacted by a TBI from a truck accident and multiple successful cases involving birth-related brain injuries.
Our attorneys understand the unique challenges of brain injury cases and prioritize the individual needs of each client throughout such difficult journeys. If our firm accepts your claim, the Bostwick & Peterson team will work tirelessly until justice is served for your case.
Set up a free consultation here; we look forward to helping you on this path to a resolution.
