When you have suffered a traumatic brain injury (TBI), you may feel scared, confused, and worried about your future. How will you cover the costs associated with your injuries? How will you learn to live your life again? These are just a few of the questions traumatic brain injury victims have following accidents in Fort Wayne.
If you have suffered a traumatic brain injury in an accident caused by someone else, you may have the right to hold them accountable. Explore your legal options further by working with a Fort Wayne traumatic brain injury lawyer at Isaacs & Isaacs Personal Injury Lawyers. We offer free consultations.
What To Do After Suffering a Traumatic Brain Injury in Fort Wayne, IN
In the aftermath of your traumatic brain injury, you may be unsure what your next steps should be. The initial steps you take following your traumatic brain injury could significantly impact the outcome of your case.
With that in mind, here are some of the first things you should do following the accident that caused your TBI in Fort Wayne, IN:
- Call 911 to request law-enforcement assistance and emergency medical attention.
- While you wait for emergency responders to arrive, document the scene with photos and videos if possible.
- If your injuries make it impossible for you to document the scene, remain where you are and wait for emergency responders to arrive.
- Once emergency responders arrive at the accident scene, obtain a medical evaluation.
- After healthcare providers have deemed you medically stable, request a free consultation with our personal injury law firm to explore your legal options.
For a free legal consultation with a traumatic brain injury lawyer serving Fort Wayne, call 800-333-9999
Proving Fault for Fort Wayne, IN Traumatic Brain Injuries
Once you have retained a TBI attorney to handle your case, one of the first steps we will take is establishing liability. For your claim to be successful, someone else must be responsible for causing your injuries. In other words, your attorney will need to show that the following elements of negligence have been met:
- Duty of care
- Breach of duty
Your TBI lawyer serving Fort Wayne will be tasked with proving the defendant not only owed you a duty of care, but also breached that duty of care.
For example, suppose you were involved in a car accident caused by a distracted driver. In that case, the driver would have inherently owed you a duty of care, as all drivers are expected to drive safely and do all they can to protect those around them. By engaging in distracted driving, that driver breached their duty of care.
It is not enough for the defendant to be negligent. Your injuries must have also significantly affected your life. This is not limited to financial losses, but could also include emotional trauma and the other consequences of your injuries.
Types of Evidence to Support Your Case
Your Fort Wayne traumatic brain injury attorney will need to show the defendant is liable for your injuries based on a preponderance of the evidence. Essentially, this means the evidence must be compelling and show that the defendant is more than likely responsible for causing your traumatic brain injury in Fort Wayne, IN.
Some of the types of evidence we could use to prove your case include:
- Cell phone records
- Safety logs
- Inspection reports
- Police or crash reports
- Reports from accident reconstructionists
- Expert witnesses
- Witness testimony
- Photos of your injuries
- Photos of the accident scene
- Video of the accident
- Chemical blood alcohol test results
Fort Wayne Traumatic Brain Injury Lawyer Near Me 800-333-9999
Things to Know About Insurance Claims and Settlements in TBI Cases
One of the ways traumatic brain injury victims recover compensation for their damages is by filing a claim with the insurance company. However, you may be surprised to find dealing with the insurance company is more challenging than you previously thought.
Here are some of the most important details you need to know about filing a claim with the insurance company and receiving an insurance settlement:
How Insurers Handle Claims
Insurance companies often care about their profits more than anything else. Although the insurance adjuster may be polite, you should be prepared for the insurance company to do everything in its power to avoid paying your claim fairly.
Remember, anything they pay you comes out of their profits. The insurance company may deny your claim, delay the processing of your claim, place unwarranted blame on you for causing the accident, or offer you considerably less than your claim is worth.
You may need to have your traumatic brain injury attorney serving Fort Wayne, IN step in and handle the insurance negotiations on your behalf.
What Insurance Settlements Consist Of
Did you know insurance companies must only cover certain types and amounts of losses? Many traumatic brain injury survivors are devastated to learn that the insurance company will only cover their damages up to the policyholder’s policy limits. If the at-fault party purchased a small amount of coverage, and your losses are greater than this limit, the insurance company will not cover the excess.
Insurance companies also typically do not compensate injury victims for every loss. In fact, the compensation you receive will depend on the type of coverage the policyholder purchased. For example, if the liable party purchased bodily injury liability coverage, this would cover your medical expenses. However, their coverage is unlikely to cover losses like pain and suffering, emotional distress, loss of future potential earnings, and more.
If you hope to get the most out of your claim, you may not be able to rely on an insurance settlement alone. Your attorney can help you prepare your case to improve your chances of recovering fair compensation for your damages.
Get Help from a Fort Wayne, IN Traumatic Brain Injury Attorney
If you are ready to take action against the individual or entity responsible for causing your traumatic brain injuries, but you do not know where to start, reach out to Isaacs & Isaacs Personal Injury Lawyers to start working with a Fort Wayne traumatic brain injury lawyer.
Our firm is proud to offer no-cost, risk-free consultations to traumatic brain injury victims across Fort Wayne and surrounding cities. Claim yours when you complete our quick contact form or call our office to get started on your case. Do not delay, as IC § 34-11-2-4 places a time limit on personal injury lawsuits in Indiana.