How To File a Claim for Brain Damage After an Accident
According to the CDC, about 2.8 million Americans sustain traumatic brain injuries each year. Accidental falls (28%) and motor vehicle accidents (20%) cause almost half of them. If you were diagnosed with a TBI following a recent accident, consider taking legal action through a brain injury lawyer.
A lawyer can assist you in filing a claim for brain damage. This might enable you to recover special damages to cover medical expenses. It may also allow you to recover general damages to account for pain and suffering and loss of earning capacity.
See how to successfully file a personal injury claim after an accident with help from a trusted attorney in your area in pursuit of a fair resolution.
Seek Medical Attention and Document a Brain Injury
In the immediate aftermath of an accident, the first thing you should always do is seek medical attention. Either ask for medical care from paramedics on the scene of an accident or head to a nearby hospital right away for a full medical evaluation.
Medical professionals may diagnose a brain injury in several different ways. They may, for example, put you through neurological tests to determine whether you have a brain injury. They might also schedule an MRI or a CT scan to take a closer look at your brain for signs of damage.
Go through the appropriate tests to find out which type of brain injury you’ve sustained. Ask medical professionals to provide injury documentation, and hang on to any medical records and receipts you receive.
This will help you prove that your brain injury stems from your accident. It could strengthen a personal injury claim for brain damage if you decide to file one by establishing a clear link.
Contact our team today so we can fight to help you get the compensation you deserve.
Collect Evidence To Build a Strong Accident Case
If you suspect that you might file a claim for brain damage after an accident, you shouldn’t hesitate to start gathering evidence to make your case stronger. Here are some examples of evidence you can collect to create a more compelling accident case:
- An accident report
- Photographs and videos of your accident scene
- Eyewitness statements
- Medical records
- Accident reconstructions
- Medical expert testimonies
The more evidence you compile before filing a claim after an accident, the better your chances of earning a settlement or judgment during a personal injury case.
Search for the Right Brain Injury Lawyer
More than 150,000 personal injury lawyers are licensed to practice throughout the U.S. Many will have the requisite experience to help those who file claims for brain damage after accidents.
Your job is to locate the right brain injury lawyer in your city. This attorney should have the following qualities:
- Years, if not decades, of experience within the personal injury industry
- A well-earned reputation for earning favorable outcomes in personal injury cases
- A history of representing clients filing claims after sustaining brain injuries
Ideally, the lawyer you call for assistance should also have a conveniently located office near your home. You may spend your fair share of time meeting with an attorney in the coming weeks and months. Make sure you won’t have to drive to the other side of town every time you’re scheduled to sit down with them to discuss your case.
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Work With an Attorney To Prove Negligence
Once you find a trustworthy brain injury lawyer, hire them to help you file a claim for brain damage. Work closely with them to continue to gather evidence to reinforce your case.
You and your lawyer will have to work together to prove negligence in your case. You will essentially need to show that another person’s negligent actions led to you suffering a brain injury to convince a judge or jury to award you a settlement.
This person may have been speeding, intoxicated, or even just distracted in the moments leading up to your accident. It could be enough to help you collect compensation from the defendant in your case.
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File a Claim for Brain Damage Through a Lawyer
When you and your brain injury attorney are fully prepared to do it, file a claim for brain damage. Let your lawyer lead the way when filing the proper paperwork in court. They will also serve the defendant in your case with the necessary legal documents.
Keep in constant contact with your attorney to discuss your case. They will update you on any upcoming hearings and ensure you don’t miss any important deadlines during your lawsuit.
Work Through the Legal Proceedings
The average personal injury lawsuit takes at least six months to a year to play out — and many lawsuits take even longer. Hiring the right brain injury lawyer should keep your legal proceedings moving in the right direction and avoid any unnecessary delays.
Long before your case lands in a courtroom, your attorney will try to negotiate a settlement agreement with the defendant in your lawsuit. This could keep your case out of court while still allowing you to collect compensation in the form of special and general damages.
If, however, you aren’t able to iron out a settlement deal with a defendant, you’ll have no choice but to take your case to trial. Your lawyer will argue your case in front of a judge and jury and aim to help you earn a judgment at the end of it.
Contact Us To File a Claim for Brain Damage After an Accident
Knowing how to file a claim for brain damage after an accident is extremely important. It will make taking legal action against someone who demonstrated negligence during your accident less stressful overall.
Accident Hotline can assist you in finding the right brain injury lawyer in your city. We can also help if you sustained another type of injury, such as a slip-and-fall injury, during an accident caused by someone else.
Call us at (844) 343-9609 to speak with an Accident Hotline representative about connecting with a personal injury lawyer in your area for a free consultation.
For a free consultation, call (844) 343-9609
Blog Posts:
The Role of Expert Witnesses in Injury Litigation
Why Expert Witnesses Matter in Personal Injury Cases In personal injury litigation, facts alone are often not enough. While evidence like medical records, photographs, and witness statements paint part of the picture, juries and insurance companies frequently need context and explanation to understand the full scope of an injury and its impact. This is where expert witnesses play a pivotal role. Expert witnesses are professionals—often doctors, engineers, economists, or accident reconstruction specialists—who provide testimony based on their specialized knowledge. Their objective is not to advocate for one side but to clarify complex issues that require professional interpretation. In many cases, their opinions help bridge the gap between evidence and understanding, making them critical to achieving fair compensation.
How Insurance Companies Evaluate Injury Claims
How the Evaluation Process Really Works When you file a personal injury claim, the insurance company begins a process that is anything but simple. Behind every offer or denial, there's a calculated evaluation designed to protect their bottom line. Insurers use data-driven methods, past claim outcomes, and internal guidelines to assess how much—if anything—they believe your case is worth. The goal of the insurance adjuster is straightforward: to settle your claim for as little as possible while closing the file quickly. They'll review your medical records, accident details, and even statements you've made to determine liability and damages. The more organized and detailed your claim presentation, the harder it is for them to undervalue it.
The Dangers of Handling a Personal Injury Case Without Legal Help
Understanding What's at Stake After an accident, it's natural to want to resolve things quickly. Medical bills begin piling up, your work may be disrupted, and insurance adjusters often seem eager to "help." Many people believe they can handle their personal injury claim on their own—especially if the situation seems straightforward. But personal injury law is complex, and even minor missteps can lead to significant financial loss. Without professional guidance, you may underestimate your claim's value, miss critical deadlines, or make statements that insurers later use against you. The legal process is designed to protect both sides, and insurance companies have experienced professionals working to limit payouts. Without an equally skilled advocate on your side, you're at a clear disadvantage. That's why consulting a personal injury lawyer early in the process is often the difference between fair compensation and a costly mistake.
When Should You Switch to a Different Injury Lawyer?
Knowing When It's Time for a Change Choosing the right attorney after an accident is one of the most important decisions you'll make in your recovery journey. However, not every lawyer-client relationship is a perfect fit. Sometimes, despite your best efforts, you may realize that your current representation isn't meeting your expectations. Whether it's poor communication, lack of progress, or a sense that your case isn't being handled effectively, recognizing when to switch attorneys can make all the difference in the outcome of your claim. Switching to a new personal injury lawyer doesn't mean starting over from scratch—it means taking control of your case and ensuring it receives the attention and effort it deserves. Understanding what to expect from your legal representation can help you identify the warning signs that it might be time for a change.
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