People suffering from traumatic brain injuries (TBIs) may find their entire lives changed. You may require medical assistance around the clock, participate in physical and occupational therapies, and otherwise learn to care for yourself once more after being diagnosed with traumatic brain damage.
If someone else’s negligence or misconduct is the cause of your injuries, you may be entitled to financial compensation. Get help seeking justice by working with an Elkhart traumatic brain injury lawyer at Isaacs & Isaacs Personal Injury Lawyers. Our law firm offers free consultations.
How Do Traumatic Brain Injuries Happen in Elkhart, IN?
Traumatic brain injuries are some of the most debilitating injuries a person can suffer. Unfortunately, traumatic brain injuries can occur in countless situations and events.
Some of the possible accidents and incidents known for producing traumatic brain injuries include:
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Taxi accidents
- Car accidents
- Construction accidents
- Scaffolding accidents
- Falls from elevated heights
- Ladder accidents
- Slip-and-fall accidents
- Trampoline accidents
- Swimming pool accidents
- Work-related accidents
- Defective products
These are just a few types of accidents that can cause traumatic brain injuries. If you were involved in another type of accident or incident in Elkhart, IN, but you are unsure whether you have the right to pursue your case, a personal injury lawyer from our firm can discuss your situation further.
For a free legal consultation with a traumatic brain injury lawyer serving Elkhart, call 800-333-9999
Recovering Compensation for Elkhart, IN Traumatic Brain Injury Victims
When someone else is responsible for causing your injuries, you should not be stuck covering the costs alone. In fact, the liable party should be ordered to compensate you for every way your life has been turned upside down by your injuries or the accident.
There are multiple ways in which you may recover compensation for your damages. Generally, these include filing a claim with the insurance company and bringing your case to court. Here’s more about what you can expect from each of these processes:
In most traumatic brain injury cases, an insurance company represents the at-fault party. For example, if a motor vehicle accident caused your traumatic brain injury, the negligent driver should have an auto insurance policy.
Filing a claim with the insurance company is unlikely to cover your damages in full, however. Insurance companies are only required to cover damages up to the policyholder’s policy limits. If your damages are greater than the amount of coverage the policyholder purchased, the insurance company will only cover your damages up to this limit.
The type of insurance coverage will also correlate with the type of damages you can recover. For example, if the liable party purchased bodily injury liability coverage, this would cover your medical expenses. However, the insurance company will not likely cover any non-economic damages. If you want to seek compensation for these losses, you may need to file a civil lawsuit against the responsible party.
You have the right to be made whole. Insurance companies are profit-driven and may not cover your losses in their entirety. Bringing your case to court may help you receive compensation for all of your damages.
You may get the most out of your claim by filing a civil lawsuit against those responsible for your traumatic brain injury. Some of the types of economic and non-economic damages you may seek in your Elkhart, IN traumatic brain injury claim include:
- Mental anguish
- Diminished quality of life
- Physical and emotional pain and suffering
- Loss of income
- Loss of future potential earnings
- Skin scarring and disfigurement
- Hospital bills and medical expenses
- Property damage
Note that Indiana places a two-year time limit on filing personal injury lawsuits (IC § 34-11-2-4), so if you decide to take this route, you will need to act quickly.
Elkhart Traumatic Brain Injury Lawyer Near Me 800-333-9999
Elkhart Traumatic Brain Injury FAQ
Pursuing a traumatic brain injury claim in Elkhart, IN can be overwhelming. We understand you may have many unanswered questions regarding the claims process, how much your case could be worth, and what to expect.
With this in mind, we have answered some of the top questions regarding traumatic brain injury claims in Indiana below. If you have additional questions we did not cover here, do not hesitate to contact our office to discuss your concerns further.
Will I Have to Go to Court?
You should always be prepared for the possibility of bringing your case to court. Although it is possible to secure an insurance settlement that meets your needs, when this doesn’t happen, bringing your case before a judge and jury could prove to be your best option.
Should I Give the Insurance Company a Statement?
No. It is never a good idea to give the insurance company a statement unless you have reviewed it with your Elkhart TBI attorney first. You do not want to risk the insurance adjuster manipulating your statement to place unwarranted fault on you.
Rather than giving the insurance company a statement, direct them to your traumatic brain injury attorney serving Elkhart, IN. Your lawyer can provide the details the insurance company needs to process your claim.
Could I Receive Punitive Damages?
You may be awarded punitive damages for your traumatic brain injury, depending on the circumstances of your case. Punitive damages are only awarded when the judge finds the defendant’s actions reprehensible or egregious.
Punitive damages are designed to punish the liable party beyond the compensatory damages you are entitled to.
Get Help from an Elkhart Traumatic Brain Injury Lawyer
While you are trying to recover from a TBI, the last things you want to deal with are phone calls from the insurance company or bringing the liable party to court. However, doing so could be your best opportunity to recover fair compensation.
Get help pursuing your case when you work with a traumatic brain injury lawyer serving Elkhart, IN at Isaac & Isaacs Personal Injury Lawyers. Schedule your no-cost, risk-free consultation by calling our office or submitting our online contact form to get started on your case.