Have you suffered a critical traumatic brain injury (TBI)? Is someone else at fault for your injuries? Are you unsure how to get justice for your suffering?
If so, you may want to seek the legal guidance and support of a Jasper traumatic brain injury lawyer at Isaacs & Isaacs Personal Injury Lawyers. Our office offers free consultations.
Fault for Traumatic Brain Injuries in Jasper, IN
Your personal injury attorney will have many responsibilities after taking on your case. However, few are as important as establishing liability. Proving fault is essential if you hope to recover the compensation you need to cover your damages.
Your Jasper TBI lawyer will need to carefully examine the type of accident you were involved in to determine who could be responsible for causing your injuries.
For example, if a slip-and-fall accident caused your traumatic brain injury, your attorney would likely turn to the property owner for liability. If your traumatic brain injury resulted from a car accident, your attorney could look to another driver who caused the crash. Only a careful examination of the cause of your injuries will reveal the truth.
For a free legal consultation with a traumatic brain injury lawyer serving Jasper, call 800-333-9999
How to Prove Liability for Jasper, IN Traumatic Brain Injuries
For your TBI claim in Jasper to be successful, your attorney will need to prove liability. The burden of proof is based on a preponderance of the evidence. This means any evidence presented will need to show the defendant is more than likely responsible for causing your traumatic brain injuries.
To prove fault, the four following elements of negligence must be met:
- Duty of care – The defendant must have owed you a duty of care.
- Breach of duty – They must have breached this duty of care.
- Causation – The breach in the duty of care must have caused the accident.
- Damages – The incident must have affected your life financially, emotionally, and/or physically.
Evidence to Support Your Case
Since liability is based on a preponderance of the evidence, the evidence your Jasper TBI attorney gathers to support your case must be compelling. In traumatic brain injury claims, this is often the case. Some of the types of evidence used to prove liability in Jasper, IN traumatic brain injury claims include:
- Photos of the accident scene
- Video of the incident
- Cell phone records
- Chemical blood alcohol test results
- Medical records
- Financial documents
- Witness statements
- Expert testimony
- Police reports
- Crash reports
- Safety logs
- Inspection reports
Jasper Traumatic Brain Injury Lawyer Near Me 800-333-9999
How Traumatic Brain Injuries Happen in Jasper, IN
Traumatic brain injuries can occur in nearly any type of situation. Depending on the details of your case, you could endure a TBI in various conditions.
Some of the types of accidents and incidents that may produce traumatic brain injuries in Jasper, IN include:
- Trampoline accidents
- Work accidents
- Factory accidents
- Construction accidents
- Scaffold accidents
- Ladder accidents
- Car accidents
- Motorcycle accidents
- Accidents involving commercial trucks
- Pedestrian accidents
- Bicycle accidents
- Slip and fall accidents
- Defective products
These are just a few ways traumatic brain injuries can occur. If you have been involved in another type of accident or incident that caused your traumatic brain injury, but you are unsure what your next steps should be, our office can offer clarity and legal advice.
The Statute of Limitations for Jasper, IN Traumatic Brain Injury Claims
When you are hoping to pursue a personal injury claim for a traumatic brain injury in Jasper, you should act quickly. This is partly because the statute of limitations sets a limited amount of time an injury victim has to pursue their case under Indiana law.
IC § 34-11-2-4 states you can file your claim up to two years after the accident. If you do not file your claim before the statute of limitations runs out, you will lose your opportunity to have your case heard in the Jasper civil court system.
It is important to note that the statute of limitations deadline for your case may vary depending on the unique circumstances of your case. Do not make the mistake of waiting to hire a Jasper traumatic brain injury attorney to advocate for your rights, as this could put time-sensitive evidence at risk.
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What to Expect from the Insurance Company in a TBI Case
Obtaining compensation through an insurance settlement is one of the most common ways Jasper, IN traumatic brain injury victims can secure restitution for their damages. However, there are many preconceived notions and misconceptions regarding insurance claims and settlements.
First, it is important to remember that the insurance company is not on your side. They may prioritize their financial interests above yours. The insurance company has many tactics they may use to take advantage of injury victims during their time of need. If you hope to avoid being taken advantage of, you should have your traumatic brain injury attorney handle the negotiation process on your behalf.
Further, keep in mind that the insurance company is only required to cover certain amounts and types of damages. Anything the insurance company does not cover may need to be sought after through a civil claim against the liable party.
Get Help from a Traumatic Brain Injury Lawyer Serving Jasper, IN
The process for recovering compensation following a traumatic brain injury can be complex. Fortunately, when you have a legal advocate on your side, you can focus on recovering from your injuries while we fight for restitution for your suffering.
Get help holding the liable party accountable by working with a Jasper traumatic brain injury lawyer at Isaacs & Isaacs Personal Injury Lawyers. Schedule your no-cost, risk-free consultation by completing our online contact form or calling our office.