Traumatic brain injuries (TBIs) can occur in numerous ways. If you were involved in an accident caused by someone else’s misconduct or negligence in Columbus, Indiana, they should be ordered to cover your damages.
Get help bringing the liable party to justice when you contact a Columbus traumatic brain injury lawyer at Isaacs & Isaacs Personal Injury Lawyers. Schedule your free consultation today and find out what your next steps should be.
Proving Liability for Traumatic Brain Injuries in Columbus, IN
You are probably aware that when a prosecuting attorney seeks to convict a criminal for an offense, they must prove guilt beyond a reasonable doubt. The burden of proof is not the same in civil claims.
When your personal injury attorney aims to hold the liable party accountable for their negligence, the burden of proof is different. In this case, we will need to prove liability based on a preponderance of the evidence. To do this, two criteria must be met.
First, the evidence must show that the defendant is more likely than not responsible for causing your injuries. Second, the four following elements of negligence must be met:
- Duty of care
- Breach of duty
In traumatic brain injury claims, your lawyer serving Columbus must show that the defendant owed you a duty of care. For example, if your brain injury occurred in a slip-and-fall accident, the property owner may have owed you a duty of care as an invited guest on their premises.
The defendant must have breached their duty of care and caused you damages that substantially impacted your life. In the above example, if the property owner failed to address property hazards, this would be considered a breach of their duty of care. The property owner’s inaction may have caused your traumatic brain injury, which led to economic and non-economic damages.
Evidence to Support Your Columbus, IN Traumatic Brain Injury Claim
Fault must be proven based on a preponderance of the evidence. However, you may be unsure what types of evidence could be used to prove fault in your traumatic brain injury claim. Many different pieces of evidence could assist your Columbus, IN traumatic brain injury case.
Depending on the type of accident or incident that caused your injuries, the evidence may be more specific. Some of the types of evidence used in traumatic brain injury claims include:
- Reports by accident reconstructionists
- Medical records
- Financial statements
- Safety logs
- Inspection reports
- Photos of your injuries
- CCTV footage
- Dashcam footage
- Witness statements
- Expert testimony
- Chemical blood alcohol test results
- Cell phone records
- Social media exchanges
For a free legal consultation with a traumatic brain injury lawyer serving Columbus-IN, call 800-333-9999
Common Events Causing Traumatic Brain Injuries in Columbus, IN
You may be surprised to learn that nearly any type of accident or incident has the potential to cause traumatic brain damage in certain conditions. However, some of the traumatic brain injury accidents we have seen in Columbus, Indiana include:
- Medical malpractice
- Mistakes during childbirth
- Nursing home abuse
- Pedestrian accidents
- Slip-and-fall accidents
- Car accidents
- Commercial truck accidents
- Dog attacks
- Defective products
- Trampoline accidents
- Swimming pool accidents
- Scaffolding accidents
- Ladder accidents
- Construction accidents
- Factory accidents
- Motorcycle accidents
- Bicycle accidents
Columbus-IN Traumatic Brain Injury Lawyer Near Me 800-333-9999
How the Columbus, IN Traumatic Brain Injury Claims Process Works
Recovering compensation for your damages may be more challenging than you thought. However, when you have help from a Columbus traumatic brain injury lawyer, you will be able to focus on healing while we work behind the scenes to hold the liable party accountable.
You may feel more confident in your decision to pursue your case once you better understand what to expect from the TBI claims process.
- Your attorney will begin by investigating the cause of your accident to establish fault.
- We will calculate the value of your claim, ensuring no loss goes on accounted for.
- Depending on the details of your case, we may file a claim with the insurance company and negotiate.
- If insurance settlements are unsuccessful, or if we decide it is in your best interests, your attorney will prepare to bring your case to court.
Indiana Personal Injury Laws You Need to Know
Before you decide to move forward with your Columbus, IN traumatic brain injury claim, there are multiple personal injury laws in Indiana you need to know about.
Here are some of the most important personal injury laws that could have an impact on the outcome of your case and your ability to recover compensation for your suffering:
Statute of Limitations
Under Indiana law, you typically only have two years from the date of the accident or the date of your diagnosed traumatic brain injury to file your case, per IC § 34-11-2-4. Since this deadline can vary in certain circumstances, you may want to have a Columbus TBI attorney help you determine the specific deadline in your case.
If you do not file your case before the statute of limitations expires, you will lose your opportunity to have your case heard in the Columbus civil court system.
If you are worried sharing fault for your injuries will prevent you from recovering compensation for your damages, you may be able to breathe easier. Indiana operates under a modified comparative negligence system, per IC § 34-51-2-5.
If your liability portion does not exceed 50%, you may still recover compensation for your damages. However, expect your compensation to be reduced in proportion to your percentage of fault.
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Get Help from a Traumatic Brain Injury Lawyer Serving Columbus, IN Today
Although you may feel intimidated of bringing your traumatic brain injury claim to court, when you have a zealous legal advocate on your side, you can focus on healing from your injuries.
We will handle the legal details of your case and fight for fair compensation for your damages. Schedule your no-cost, risk-free consultation with a traumatic brain injury attorney serving Columbus, IN at Isaacs & Isaacs Personal Injury Lawyers to get started on your case.