Frequently Asked Questions after Severe Traumatic Brain Injury: Legal Perspective

• 
  Catherine Shearer
  Partner

Here is a summarized list of frequently asked questions after and/or about severe traumatic brain injury accidents:

1. Q: What steps should I take immediately after a loved one has suffered a severe traumatic brain injury (TBI)?  

A: Seek medical attention first and foremost. Once stabilized, consult with a personal injury lawyer specializing in traumatic brain injuries. Preserve any evidence, such as medical records, accident reports, and witness statements, to support your potential legal claim. 

2. Q: How can I determine if someone else is legally responsible for the traumatic brain injury?  

A: Establishing liability requires a thorough investigation. A lawyer can analyze the circumstances surrounding the injury, evaluate negligence, and identify potentially responsible parties. This may include individuals, businesses, or even governmental entities. 

3. Q: Is there a time limit for filing a lawsuit related to a traumatic brain injury?  

A: Yes, there is a statute of limitations, which varies by jurisdiction. It’s crucial to consult with a lawyer promptly to ensure compliance with these time constraints. Delaying the process may result in the forfeiture of your right to seek compensation. 

4. Q: What types of damages can be pursued in a traumatic brain injury case?  

A: Traumatic brain injury cases may seek compensation for various damages, including medical expenses, rehabilitation costs, lost income, pain and suffering, and emotional distress. An experienced lawyer will assess your case to determine the appropriate damages to pursue.  

5. Q: How do I pay for legal representation in a traumatic brain injury case?  

A: Many personal injury lawyers work on a contingency fee basis. This means they only receive payment if they successfully secure compensation for you. Ensure you discuss fee structures and agreements during your initial consultation with a lawyer. 

6. Q: What if the traumatic brain injury occurred at my workplace? Can I still pursue a legal claim?   

A: Yes, you may have grounds for a workers’ compensation claim. Additionally, if a third party (not your employer) contributed to the injury, you may pursue a personal injury lawsuit against that party. A lawyer can help navigate the complexities of such cases. 

7. Q: Can I still file a lawsuit if the traumatic brain injury was partly my loved one’s fault? 

A: In many cases the answer is yes although contributory negligence may apply. A lawyer will assess the circumstances and determine if there is an impact in the ability to recover damages when the injured party shares some responsibility. 

8. Q: How long does it typically take to resolve a traumatic brain injury case?

A: The duration of a case varies based on factors such as complexity, negotiation dynamics, and court schedules. Some cases settle relatively quickly through negotiations, while others most require litigation, extending the timeline. A lawyer can provide a more accurate estimate based on your specific situation.  

9. Q: What if the insurance company offers a settlement soon after the traumatic brain injury occurs? Should I accept it?

A: Consult with a lawyer before accepting any settlement offers. Insurance companies may seek to settle quickly and for a lower amount than your case warrants. An attorney can assess the adequacy of the offer and negotiate on your behalf to secure fair compensation. 

Conclusion 

This article was written by Personal Injury Lawyer, Catherine Shearer. For additional information, please do not hesitate to contact her at catherine.shearer@mckenzielake.com or visit her Instagram page @guelphinjurylawyer. 

If you require assistance with any Personal Injury matter, speak to a Personal Injury Lawyer at McKenzie Lake Lawyers LLP by calling 519-672-5666 or Catherine Shearer at 226-203-1243.