Brain Injury Litigation

Written by Shirley Parker
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When jurors are presented with the devastation of a brain-injured victim and what her life in the future is going to be like, they need a lot of facts to reach their decision(s). It's the responsibility of the victim's lawyer to provide all that information, along with the expert witnesses. If a case has reached the courtroom, there is resistance from the defendant(s), so proof has to be quite substantial.

An attorney with experience in brain injury cases—the only attorney you should consider—will have sought out as many recovery sources as possible before filing suit. Those who are liable for the accident must provide the amount of compensation the victim needs, to pay for the drastic changes in lifestyle, sometimes including long-term care in a nursing home.

The jury may find that one entity is responsible for causing the brain injury. That person or corporation must then bear the entire financial responsibility, as it is determined, of providing for that victim's care. She will also be entitled to recover damages for pain and suffering, lost income, and other possible compensation. At times, a jury will find that two entities are each at fault, but will assign more responsibility to one than another.

Brain Injury Compensation Sources

If the injury occurred on someone's private property, there may be liability coverage under a homeowner's policy, sometimes even if the victim was trespassing. Workmen's compensation will pay all costs if a worker is injured in the course of employment. However, the state carrier may make life very difficult by insisting you use their choice of doctors, usually not located near where you live. Find out if the law allows you to change doctors.

Various other government benefits are also available, though the paperwork is onerous. But you're probably entitled to at least one of the government benefits. Don't give up, although they would like you to, particularly Social Security Disability. Automatic denial of claims is built into their system. If your attorney doesn't re-file, find one who will.

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