Brain Damage Cases

Written by Shirley Parker
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Brain injury cases may not result in any financial settlement because the survivor or his family waited too long to seek legal assistance. Every state has a statute of limitations for seeking redress for wrongful injury, for example. It may be as short as two years, yet brain damage effects--at least its full effects--can take a long time to show up.

Early legal advice can be extremely helpful in determining who should help pay for the often-enormous medical, rehabilitation, and long-term care expenses. When a patient/family have selected a law firm that specializes in brain injury cases, most of the time a no-cost evaluation is provided. That way, the prospective client can find out if they have a case, as well as against whom it should be filed. If the patient caused his own problems, possibly fewer resources will be available. This holds true, regardless of the type of brain injury that was suffered.

An experienced attorney will be looking to identify those parties obviously at fault, as well as those not so obvious to the untrained individual. For example, in addition to filing a claim against the driver who apparently caused a car crash, a passenger may also have the right to file a claim against any other driver involved in it. In addition, a lawsuit could be filed against the manufacturer of the car that the driver or passenger was in, or against the city for not making needed repairs, and so forth.

Don't Accept a Settlement Offer Without Seeking Advice

In brain injury cases, an insurance company or at-fault equipment manufacturer will make an offer of a settlement that seems substantial at the time. But it will likely not be sufficient to cover costs of care, or lost income. Always seek an attorney's advice before accepting an offer that hasn't been litigated. After all, it's the insurance adjustor's job to pay the minimum amount possible.


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