Suffering a traumatic brain injury, or TBI could lead to significant challenges for the rest of your life. Those with a TBI could incur very high medical and therapy expenses and may not have a way to work and earn a living. If you or someone you care about has been affected by a TBI, you should look into your legal options.
These could include filing personal insurance claims or even filing a lawsuit against a party that could be partially or fully responsible for the TBI. If you or someone you know is struggling due to a TBI, you should contact attorneys who handle TBI cases as they can provide a variety of important services for you.
There are several situations when you should use a TBI lawyer.
When in Need of Consultation
The first situation when you should use a lawyer for a TBI is when you are in need of a consultation. A traumatic brain injury can be extremely devastating and have a lasting impact on someone’s personal and professional life. Further, the way that a TBI can occur can vary considerably from one situation to the next. A TBI could be caused by something as simple as a slip and fall at home or could come from an auto or workplace accident.
Depending on your situation and what led to the TBI, you could have a variety of different rights and reasonable claims that could be made. Due to the variability of each situation, it is important that you receive a consultation from someone that is experienced with this type of law.
A lawyer that handles TBI cases will be able to assess your full situation and give you a consultation on your case. This could include giving insight into what your rights may be and what the next steps in a claim would be. Based on this consultation, you can better determine how you should move forward.
When Another Party is at Fault
Another situation when you should definitely reach out to a TBI lawyer is when you know that another party is at fault for your injury. It is possible that some TBI injuries are freak and traumatic accidents. However, there are other situations when it is clear that you were injured due to the negligence or intentions of another party. If you have been injured in this matter, you should contact an attorney as soon as you can.
Once the scope of damages is known, your attorney will be able to create a formal claim and submit it to the appropriate party, which is normally the party that is deemed to be at fault, their attorney and insurance company. This process will include preparing a full case with all evidence of the situation that could include your medical reports and bills, incident reports, and even police reports in some situations.
Once this is submitted, they will continue to discuss and negotiate with the other party. The majority of cases will be settled out of court, but the lawyer can handle any further legal proceedings that are necessary.
When Filing Insurance Claims
If you have suffered a TBI, you likely will have some form of insurance in place that should provide some coverage. Some common forms of insurance that may provide coverage can include your health insurance, disability insurance, or even your home or auto insurance if you are injured in an accident. You may also have a standard claim against your employer’s workers’ compensation policy if you were hurt while at work.
No matter what insurance provider should be giving coverage, your TBI attorney can help you to file a claim. Filing a TBI injury claim has far more complex than other types of insurance claims, which makes having an attorney help you can be helpful. If your claim is denied, they can continue to support you by negotiating with the insurance provider.
When Initial Decisions are Unfair or Not Favorable
While your TBI lawyer can guide you through the entire process of filing a claim with another party or your insurance company, there is always a chance that a claim will be denied. Even if this does happen, it does not mean that it is the end of your case. Your TBI lawyer will be able to continue to represent your rights to make sure that you receive the compensation that you are entitled to. This will include taking your case to a civil court or formally appealing a decision.
Ultimately, if you have been injured and are suffering from a TBI, it could be very impactful for the rest of your life. This could lead to enormous costs, pain and suffering, and loss of earning capacity. Due to this, you should always pursue your legal and insurance claims to ensure your rights are represented. A TBI lawyer will be able to handle this for you to ensure you get what you are entitled to while not having to worry about handling the process on your own.
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