Brain injuries may result to a variety of serious conditions, ranging from the severely debilitating to fatal ones, and causing enduring disabilities, even immediate death. According to data from the CDC, an estimated 1.4 million Americans sustain traumatic brain injuries annually, with about 3.9 million more requiring lifelong assistance to live normally.
Fortunately, monetary compensation under the law is possible thru filing a traumatic brain injury (TBI) lawsuit, should the injury be due to an accident resulting from the negligence or malicious intent of another. Here are the steps to avail of the said insurance claim for a brain injury case.
Find legal assistance first. Unlike the more common personal injuries, brain injury cases raise more complex legal and medical concerns, so a talk with someone experienced in handling related cases is a great start.
Know the case’s legal basis. This will dictate what the claimant will have to prove in order to win the compensation settlement. One particular option that can be pointed out is if the incident stemmed from a legal theory called negligence. Negligence claims require the claimant to prove that the defendant is at fault, by presenting relevant and adequate evidence.
It is easier to identify a broken arm or leg, but brain injuries are tougher to prove since most symptoms are delayed. Always remember to present enough evidence proving your claim, otherwise you’ll look like a fool trying to prove the existence of a medical condition that doesn’t physically show.