Were you severely injured in an accident caused by someone else? Has your traumatic brain injury (TBI) turned your life upside down? If so, you might have the right to financial compensation to cover mounting medical bills and recover the income you lost while missing work. However, the claims process may prove far more challenging than previously thought.
If you’re unsure where to turn for help, you could reach out to a Goshen traumatic brain injury lawyer from Isaacs & Isaacs Personal Injury Lawyers. Instead of tackling this process while rehabbing from your injury, we can handle the legal details and fight for the compensation you need to maintain your family’s financial situation.
Should You File a Traumatic Brain Injury Claim in Goshen?
Are you unsure whether you should move forward with an insurance or civil claim for your TBI? If so, you are not alone. Indeed, it is more common than you might think for TBI sufferers to feel hesitant about contacting an attorney for help.
For some, they worry that sharing fault for their accident will prohibit them from recovering compensation. Others may feel intimidated at the thought of bringing their case to court or dealing with challenging insurance negotiations.
Whatever your reason, don’t let your anxiety keep you from pursuing the compensation you need. Instead, if someone else caused injuries that have significantly affected your life, you might have the right to financial compensation. As a result, you can share whatever concerns you may have with your traumatic brain injury attorney during your initial consultation.
For a free legal consultation with a traumatic brain injury lawyer serving Goshen, call 800-333-9999
How Are Goshen Traumatic Brain Injury Victims Compensated?
Victims of traumatic brain injuries in Goshen often recover compensation for their damages in several ways. For most, obtaining a settlement from the insurance company is enough to meet their needs. However, some cases require taking a case to court to get the most out of your claim.
You have the right to recover every single loss you suffered due to someone else’s negligent actions or misconduct. These compensatory damages can include economic and noneconomic damages.
Economic damages account for your quantifiable monetary losses, while noneconomic damages consist of how the accident and your resulting traumatic brain injury have affected your life. Some frequently awarded economic and noneconomic damages in Goshen traumatic brain injury claims include:
- Diminished quality of life
- Loss of consortium
- Emotional distress
- Physical pain and suffering
- Medical expenses and equipment bills
- Lost income and benefits
- Diminished earning capacity
- Disfigurement and skin scarring
- Property damage
- Loss of household services
Goshen Traumatic Brain Injury Lawyer Near Me 800-333-9999
Indiana Traumatic Brain Injury FAQ
Traumatic brain injury claims in Goshen often become complicated. As a result, you may have many concerns and unanswered questions about what will happen if you choose to move forward with your case.
To help you feel more confident about your traumatic brain injury claim, we have answered some of the most frequently asked questions regarding TBI insurance and civil claims below. If you have additional questions we did not cover on this page, you can ask a team member during a free consultation.
How Do Insurance Settlements Work for Traumatic Brain Injuries?
Obtaining a settlement through the insurance company is one of the most common ways to recover compensation following a traumatic brain injury. However, many victims are surprised to learn how the settlement process works. It may shock you to discover how unwilling many insurance companies are to settle your claim fairly.
In addition, insurance companies are only required to cover economic losses like medical expenses, lost wages, or property damages. You can only recover any other losses with a lawsuit against the liable party.
Finally, the amount of compensation you can recover from the insurer depends entirely on how much coverage the policyholder purchased. Unfortunately, this result often means insurance sentiments do not wholly cover a TBI victim’s damages in full.
What Happens if My Child Suffers a TBI?
If a doctor diagnoses your child with a traumatic brain injury, their entire life could be changed forever. It is essential to recover the compensation they will need to cover their future medical expenses, emotional trauma, physical limitations, and every other way their injury might affect their life. As their parent or legal guardian, you could help your child get justice with help from your attorney.
How Long Do I Have to File My Claim?
IC § 34-11-2.4 allows for a maximum of two years to pass before the deadline to file your claim expires. However, if you don’t file your lawsuit before the statute of limitations runs out, the Elkhart County civil court system will refuse to hear your case.
The exact date when the statute of limitations runs out for your case could vary depending on the accident date, when you received your TBI diagnosis, and other factors. Our team will determine the filing deadline for your case and ensure you avoid having the statute of limitations expire.
What Happens if I Am Partially Responsible for My Injuries?
Sharing liability for your injuries is more common than you might think. Thankfully, Indiana follows a modified contributory fault system with a 50% threshold. As a result, as long as your portion of liability does not exceed 50%, you can still recover compensation for your damages.
However, the court will decrease any award you receive proportionate to your percentage of liability. For example, if a jury awards you $750,000 for your traumatic brain injury but finds you 30% responsible for the accident, you will receive $525,000.
Get in Touch With a Traumatic Brain Injury Lawyer Serving Goshen
Are you ready to hold the at-fault party responsible for causing a traumatic brain injury that has severely affected your life? A personal injury lawyer serving Goshen from Isaacs & Isaacs Personal Injury Lawyers can get started on your case today. We’ll fight for the compensation you need to ensure your family doesn’t suffer financial ruin from mounting medical bills you can’t return to work to pay.
Contact our team today to schedule a free, no-obligation consultation.