If an at-fault driver’s car insurance refuses to accept blame for the policyholder or will only pay a portion of your many medical bills, you may have to file a lawsuit over your Traumatic Brain Injury (TBI).
A skilled lawyer will be negotiating to secure the maximum compensation for your recovery costs in a settlement agreement. However, Maison Law will have a strong case, backed with evidence, prepared in the event filing a lawsuit is required. Contact our Traumatic Brain Injury Lawyers to schedule a free consultation. It’s a no-risk way to find out how much your brain injury is worth and how to hold a car insurer fully liable.
Will I Have to File a Lawsuit to Get Help with My Car Accident Traumatic Brain Injury?
Personal injury victims usually don’t have to file a lawsuit and go to court. A large majority of personal injury cases are resolved through a settlement agreement.
Car insurance companies usually want to avoid the cost and embarrassment of a trial and can be forced to do the right thing. Having a skilled lawyer on your case also puts pressure on the insurance provider.
Your lawyer submits powerful evidence that shows a driver’s fault. Your lawyer then aggressively negotiates on your behalf to get the most for you for your injury. Your lawyer also represents the threat of a lawsuit, so car insurance representatives will often be more willing to meet your needs without having to be ordered to do so by a judge.
However, there are reasons a car insurance company could force you to drag it into a courtroom:
- The car insurance company rejects your claim.
- The car insurance company tries to say that you were to blame for an accident when you weren’t.
- If a car insurance company offers a small settlement but refuses to cover all of your recovery costs.
Your lawyer would be prepared for this possibility and have a case already prepared and backed with evidence. Even when a case is scheduled for trial, an insurance company could still decide to settle. Lawsuits may even be settled once the trial has begun. If not, your attorney would present the evidence to a judge and jury and seek the most for your family in a judgment.
Do I Need a Lawyer to File a Lawsuit Over My Brain Injury?
You don’t have to have a lawyer to file a Traumatic Brain Injury lawsuit, but having a skilled legal representative is a very good idea. A lawyer gives you a much better chance of proving your case and can often secure much more for you in compensation.
You will also need a legal professional when going against giant auto insurance companies. They can afford teams of lawyers and those lawyers all try to discredit your driving record and downplay your injury. A California car accident lawyer is a shield against these shady tactics and others.
Your lawyer also doesn’t let you accept a “lowball” settlement offer. Insurance adjusters can purposely delay responding to your claim. They hope that as your medical bills pile up and your normal monthly bills pile up while you are out of work, you become more and more desperate. Then they send over a low settlement offer that won’t cover all of your physical and financial damages.
Many victims jump at this first insufficient offer and end up paying for much of their recovery out of pocket. Your lawyer goes over each settlement offer with you and helps you reject anything that doesn’t cover 100% of your hardships. Then your Maison Law attorney demands much more.
What Do I Need to Make Sure Is Included in a TBI Settlement Check?
Your attorney will be building your case and creating a document that includes every hardship you’ve faced and may face in the years ahead. Your hospital bills and the paychecks you’ve lost while out of work should be first on the list.
A brain injury can create immediate medical debt with emergency response and ambulance fees, and emergency room bills. But that’s not always where it ends for serious TBI patients.
Victims can be rushed into surgery and could need further brain surgery in the weeks and months ahead.
Your lawyer would be working with medical experts to create a plan for the future and an estimate on the cost of care you could need.
These and other potential future healthcare costs shouldn’t fall to the victim:
- Rehabilitation and physical therapy. This can include sessions to relearn speech, and motor control, and to improve memory.
- Future surgeries to improve brain function or to stop recurring brain bleeding.
- Future home care. Those who suffer a severe TBI may need help living at home over their entire lifetimes. The renovations necessary to help victims participate in home life and take care of themselves.
- Memory care. Victims may struggle to remember things they just experienced or memories made in decades past. An at-fault party’s insurance provider could have to provide funds to pay for memory/nursing care in extreme cases.
- Support to find a new career. Helping victims to adapt to a permanent physical disability and to train for a new career they can thrive with.
- Past and future lost earnings while victims are out of work.
- Pain and suffering. The physical pain and the emotional toll that comes along with an injury and drastic change in lifestyle.
- Wrongful death benefits. Families who lose a loved one to the effects of a brain injury can seek support to avoid financial bankruptcy after the death. A California Wrongful Death Lawyer can file a wrongful death claim on behalf of a spouse children, and other family members to seek help with funeral costs and leftover medical bills.
Contact a California Traumatic Brain Injury Lawyer
Speak with a skilled California Traumatic Brain Injury Attorney after a car accident leaves you or a loved one with a brain injury. It’s important to know about every benefit available to you and your family because an insurance representative won’t be informing you about your options.
Contact Maison Law for a free, no-obligation consultation. It’s a no-risk way to find out what your accident injury is worth and what you should be holding an insurance company to. You are under no obligation, but if you hire us, you don’t have to worry about having the money to pay us. We don’t get paid unless we win your case for you. Then our fee comes out of the settlement money an insurance company is forced to provide.
