If you’ve suffered a brain injury due to someone else’s negligence, you can file a lawsuit immediately after realizing the damage.
Brain injuries are undoubtedly some of the most complex injuries. After sustaining such an injury, it might take you months or even years to make a full recovery. The ongoing medical care and your inability to return to work will likely cause financial hardship in your household, especially if you’re the breadwinner. Therefore, filing your lawsuit immediately is essential.
How Long Do You Have to File a Brain Injury Lawsuit?
Every state usually has time limits when it comes to pursuing legal actions. For instance, in Indiana, IC§34-11-2-4 states that you have two years to file a personal injury lawsuit if you’ve suffered a brain injury from an accident caused by someone else’s negligence. IC§34-20-3-1 affirms that you also have two years to take legal action if you’ve suffered a brain injury due to a defective product.
Kentucky’s Ky.Rev.Stat.§304.39-230 gives you two years to file a personal injury lawsuit if you’ve sustained a brain injury in a vehicle accident. According to Ky.Rev.Stat §413.140(1), you have a year to take legal action if the cause is any other accident. If you’ve lost a loved one to a brain injury, Ky.Rev.Stat §413.180 states that you have one year to file a wrongful death lawsuit against the liable parties.
According to Ohio Revised Code §2305.10, you must file a personal injury lawsuit within two years if you suffer a brain injury due to someone else’s negligent actions. Ohio Revised Code §2125.02 states that you also have two years to file a wrongful death lawsuit if you’ve lost a loved one to a brain injury.
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How Do You Prove Negligence in a Brain Injury Case?
To recover financial compensation for your injury and other damages incurred, you must prove that someone else’s negligence led to the accident. This serves as the foundation of your lawsuit. Darryl ‘The Hammer’ Isaacs will prove the following elements to help establish negligence:
- Duty of Care: The liable party was obliged to act reasonably toward you. For instance, a driver must obey traffic laws and signs on the road to avoid causing an accident.
- Breach of Duty: The liable party acted negligently, violating the duty of care toward you. An example of this element is a driver or motorcyclist speeding on the road.
- Causation: You must prove that the liable party’s negligent actions directly caused the accident.
- Damages: The accident caused you to sustain a brain injury, and monetary damages are recoverable through financial compensation.
How Much Compensation Can You Recover?
There’s no exact amount of financial compensation brain injury victims are supposed to recover after filing a lawsuit. Every case is unique, meaning that the amount of compensation every victim receives is also unique.
Here are the various factors that determine the amount you could recover in the lawsuit:
The Severity of the Injury
A brain injury can be minor or severe. The more severe the injury, the more compensation the victim is entitled to. This is because severe brain injuries usually result in long-term complications such as paralysis, memory loss, sensory problems, difficulty speaking, and loss of smell sensations.
A significant percentage of the compensation awarded in brain injury lawsuits goes to medical expenses. These expenses are likely higher for severe cases because they require long-term medical care, leading to substantial medical bills.
Additionally, victims of severe brain injuries may also require emergency care, extended hospital stays, surgery, disability accommodations, and rehabilitation, which are also accounted for in the compensation.
Liability in a brain injury case may not always be clear-cut. If the court determines that you were partially liable for the accident that resulted in your brain injury, they’ll reduce the compensation you’ll receive based on your percentage of fault. For instance, if you’re 40% at fault for the accident, you’ll only recover 60% of the total financial compensation available.
What Damages Can You Recover in a Brain Injury Case?
Brain injuries, like other catastrophic injuries, can take quite a toll on your finances. You can seek recovery for your losses through legal action.
After filing a brain injury lawsuit against the liable parties, you might be entitled to recover economic and non-economic damages, including:
- Past, ongoing, and future medical expenses
- Pain and suffering
- Temporary or permanent disability
- Diminished quality of life
- Emotional distress
- Lost income and benefits
- Lost earning capacity
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How Much Does a Lawyer Cost?
At Isaacs & Isaacs Personal Injury Lawyers, we usually work on a contingency fee basis. This means you won’t pay any legal fees and costs upfront.
We’ll wait until we win your case to deduct our legal fees from the monetary award you’ll receive. This way, you’ll not have to worry about paying your lawyer hourly while seeking justice.
Contact Us Today for a Free Case Review
If you’ve suffered a brain injury and someone else is responsible, Isaacs & Isaacs Personal Injury Lawyers can answer all questions you may have regarding your case. We’re ready to handle the lawsuit from start to finish and help you recover the maximum compensation available.
Contact us today for a free case review; we’ll advise you when it’s most appropriate to file your brain injury lawsuit.