Have you ever noticed that after a fall, slip, or accident, you are first worried about getting a bruise, injury, or bump on your head? The reason for this subconscious thought is that it is a delicate part of our body that is more or less responsible for all our actions. What would happen if, god forbid, you were involved in an accident in Chesapeake that left you with a brain injury?
The medical facility smacked you with a heavy bill, and now you must deal with the stress of the financial strain in addition to the physical pain you are experiencing. While we can’t take away the physical suffering, we can help take away financial strain by getting you the compensation you deserve from the at-fault party. To get started with your lawsuit, the first thing your personal injury lawyer will be focused on is finding the person responsible for your injury.
Determining Fault in Brain Injury Case
Damages are financial compensation that may be offered to you if you were harmed intentionally or negligently by the other person. The at-fault party is different for different circumstances, and you can hold a driver accountable for a road accident but not for the injury you suffered at your workplace.
The possible at-fault parties in a brain injury case are:
- The driver;
- The automobile owner;
- The employer of the driver
- The manufacturer of the vehicle
- The vehicle part manufacturer
- Hospital staff, if the injury was due to negligence during surgery
- The employer, if you were hurt at work that led to your brain injury
Once the responsible party is determined, the next step is filing a damage claim.
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Damages Recoverable in a Brain Injury Case in Chesapeake
Recoverable damages include economic, non-economic, and punitive amounts.
Economic damages include financial losses, such as:
- Medical care cost
- Missed earnings
- Property repair or replacement
- Funerals or burial expenses.
Economic damages, often called special damages, are meant to compensate you for the damage to your finances.
Though money can’t heal physical wounds or restore a lost loved one, non-economic damages may help put your life back together after a tragedy. The financial burden is alleviated, to some extent, to help you recover.
- Pain and suffering
- Loss of consortium
- Loss of companionship
- Partial disability
Non-economic damages are awarded for things that can’t be priced using a denomination but impact a victim’s life.
Punitive damages are meant to stop the person who did something wrong from doing it again. Like, in driving under the influence in Virginia, punitive damages may be given if the defendant’s BAC is 0.15 or higher. Also, punitive damages may be given if someone who broke the law refuses to take a blood alcohol test.
The law does not limit punitive damages if a drunk driver causes injuries like traumatic brain injuries (TBIs) or the death of a loved one. While our lawyers review your brain injury case to assess the recoverable damages, you may have a handsome settlement offer from the defendant’s insurance provider. You might be tempted to accept it and ditch further legal proceedings, but we highly recommend not taking the offer and discussing your case with a lawyer.
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Working With Insurance Companies
You might consider handling the insurance claims on your own. This would do you more harm than good. Insurance firms work to generate revenue by offering you a minimum settlement. So, if your claim has merit, hire a lawyer and don’t fall into the honey trap of insurance companies.
A brain injury lawyer can ensure your legal rights are protected and you get a settlement that compensates you for future medical bills, lost earnings, and psychological, cognitive, and physical rehabilitation, if necessary. You must contact the attorney at the earliest possible opportunity, so you don’t miss the deadline for claim filing.
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The Statute of Limitations for a Brain Injury Case in Virginia
Time limits set by law within which an injured party must bring a lawsuit are called “statutes of limitations.” TBI victims in Virginia have up to two years from the date of their injury to submit a claim. The same holds for the loved ones of people who passed away due to a traumatic brain injury.
However, there are exceptions, such as when the victim is a minor. So, even if you miss the deadline, you should contact us to know whether or not you can file a claim. A brain injury attorney can help you in more ways than one.
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Get a Legal Consultation from a Compassionate Brain Injury Attorney
If you or a loved one has to file a brain injury lawsuit, you must consult our brain injury lawyers at Christina Pendleton & Associates. You will likely win the case if you have the right legal team. A successful lawsuit can help you pay for future medical treatment and enhance your quality of life.
You must learn about your legal options first, so we schedule a no-cost, no-obligation consultation with you before accepting your case. If you were injured in Chesapeake, our brain injury lawyers are determined to work for you, and we only get paid if you are. Fill out our online form to get in touch with us today.
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