Strategies That Will Help You in a Brain Injury Lawsuit

Even without catastrophic brain damage, personal injury lawsuits can be stressful. A TBI, on the other hand, adds an unwelcome layer of complexity to your case: memory loss, difficulty finding words, and other symptoms can make a lawsuit seem insurmountable. Please don’t give up. Instead, begin by taking small actions to reclaim control.

McAllen personal injury lawyer has built a reputation for combining a five-star client experience with cutting-edge technology and creative legal methods in brain injury claims. We describe what to expect during brain injury litigation in this blog, as well as our best advice for persons who are involved in a TBI case.

What to Expect During a Lawsuit for a Brain Injury

You have legal rights if someone else’s negligence caused your brain damage, whether it was a careless driver, a shipping firm, or a business like a trampoline park. A TBI claim, on the other hand, isn’t easy to file. As you pursue your insurance claims, here’s what to expect.

• Pre-Litigation

The process that takes place before you file a lawsuit is known as pre-litigation. Your brain injury lawyer will research your claims, identify all at-fault parties, assess your losses, and decide how much insurance coverage applies to your claims at this period. In other words, your legal team is currently laying the groundwork for your claim.

The contrasts between the insurance company’s inquiry and your lawyer’s efforts at this time are worth noting. While their behaviors appear to be identical, their motivations are not. In some circumstances (especially those involving commercial cars), the insurance company will send a team to the accident scene in the hopes of influencing the police investigation and weakening your claims. Your attorney, on the other hand, will endeavor to preserve evidence, discover the true causes of your injuries, and negotiate a fair payment.

• Litigation

The formal process of bringing a lawsuit and preparing your case for trial is referred to as litigation. The court will issue a “scheduling order” early on, which will set deadlines for certain actions such as information sharing (a process known as discovery) and motion filing. The lawyers will most likely take your deposition (a meeting where you answer questions under oath) and you may be asked to engage in mediation during this time (a form of dispute resolution).

Negotiations on a settlement will continue throughout the course of the case. The case will conclude if you and the insurance company can reach an agreement. If you are unable to reach an agreement, your case will be taken to trial.

• Appeals and Trials

A judge and jury will hear testimony from eyewitnesses and experts, as well as evidence and legal arguments, throughout a trial. It can take days to complete the process, especially if your case is difficult. The jury will decide whether to grant or deny your compensation request at the conclusion of the trial.

The ruling, however, can be appealed by either party. The insurance company may elect to appeal the verdict to a higher court if you are awarded compensation. In this scenario, your lawyer should be able to assist you with the process.

Even without a brain injury, handling a personal injury case is difficult.

1. Gather all of your case documents and evidence in one place.

Any successful TBI lawsuit requires strong proof. While you shouldn’t have to contact expert witnesses such as neurologists and life care planners, as well as accident reconstruction engineers, there is still a lot you may do to assist your injury lawyer.

In a binder or folder, for example, you can keep all of your medical bills, doctor’s notes, and insurance company correspondence. You’ll be able to readily give copies to your lawyers and consult them if you have any questions.

2. Begin keeping a TBI journal.

If you’re like many people who have had traumatic brain injuries, articulating your daily symptoms and how your life has altered since your injury might be difficult. A notebook can help you describe your difficulties and gain a better understanding of how your TBI affects your daily life.

You can keep note of your doctor’s appointments, physical and mental health concerns, discomfort, and other difficulties in your journal. While writing down your thoughts and feelings might aid in the healing process, it’s also a good idea to incorporate some structured symptom tracking.

You may, for example, add the following daily statistics:

What is your emotional state? (Do you have anxiety, depression, or social isolation?)

Which doctors, therapists, or other medical professionals did you talk to on that particular day?

Your pain thresholds

Any big modifications to your regular routine that you had to make, such as taking unplanned pauses, canceling plans, or requesting assistance with previously “simple” tasks

3. Establish a calendar system and plan ahead of time

A calendar and reminder system are vital if you value stability and routine following your TBI. It’s a good idea to keep track of essential appointments, court dates, and deadlines throughout your claim, whether you use a whiteboard, a mobile app, your phone’s alarms, a helpful housemate, or a combination of all of the above.

While you don’t want your calendar to overwhelm you, it’s a good idea to include the following:

• Appointments with doctors and therapists
• Consultations with your personal injury attorney
• Hearings, depositions, and other court dates (when you need to attend)
• Appointments for mediation and alternative dispute resolution
• Deadlines for submitting any forms or information to your lawyer
• You’ll be able to be proactive while also receiving the help you require.

4. Expand Your Support System

It’s not easy to live with a traumatic brain injury. Cooking, cleaning, running errands, and remembering to take your medication are all things that you may require assistance with. You do not, however, have to go through this alone.

After a brain injury, it’s critical to rely on your support system, whether it’s your spouse, family, friends, or a community support group. Asking for help is a sign of strength, and it might make your return to “normal” life go more smoothly.

5. Be aware of your legal rights

After a car accident, a fall, or another occurrence, most people have a lot of questions. You shouldn’t, however, rely on the insurance provider for replies. Its representatives’ primary goal is to resolve your matter as fast and inexpensively as possible, rather than to empower and educate you.

If you’re not represented by a lawyer, the insurance company may try to persuade you to make a statement. Its agents may ask you ambiguous or misleading questions during this meeting in the hopes of damaging your case. Even if the claims adjuster insists on making this comment, you have the option to politely decline.

You don’t want a lawyer who specializes in head injuries when you’re ready to hire one. Instead, you and your family require top-notch legal assistance from a personal injury attorney McAllen Texas, who understands the particular issues you confront and has a track record of successfully resolving TBI cases.