Have you suffered devastating traumatic brain injuries (TBI) following an accident in Carmel, IN? Are you struggling to cope with the financial, emotional, and physical implications of your injuries? If so, you are not alone.
Reach out to a Carmel traumatic brain injury lawyer at Isaacs & Isaacs Personal Injury Lawyers for legal guidance and support. You will learn your legal options and find out how to begin rebuilding your life.
How Do Traumatic Brain Injuries Happen in Carmel, IN?
In any situation where someone else’s negligence or actions are the cause of your traumatic brain injuries, you may have the opportunity to recover financial compensation from them.
With that being said, there are some types of accidents that frequently produce traumatic brain injuries. Some of these include:
- Motorcycle accidents
- Bicycle accidents
- Commercial truck accidents
- Car accidents
- Taxi accidents
- Bus accidents
- Single vehicle accidents
- Slip and fall accidents
- Swimming pool accidents
- Trampoline accidents
- Dog attacks and bites
- Other premises liabilities
- Injuries caused by product malfunctions
- Work injuries
- Construction accidents
- Factory accidents
- Nursing home abuse
- Birth injuries
- Medical malpractice
If your traumatic brain injury was caused by a type of accident that was not listed above, you may still have the right to pursue your case. You can find out more about how to best approach your financial recovery when you contact our office to discuss the details of your case.
Recovering Compensation for Carmel Traumatic Brain Injuries
When another party’s negligence causes your traumatic brain injuries, you have the right to be made whole. This means you should be repaid for every way your life has been affected by your traumatic brain injuries.
To accurately calculate the value of your claim, your attorney will need to go over your damages in their entirety. We will ensure every loss is taken into consideration by separating them into categories known as economic damages and non-economic damages.
Economic Damages
Economic damages are financial in nature. They have a set monetary value. You can prove the value of your economic damages with bank statements, receipts, financial records, and other concrete evidence. Some examples of economic damages you may seek and recover in your Carmel traumatic brain injury claim include:
- Loss of income
- Loss of contributions to your retirement savings
- Loss of salary increases and bonuses
- Diminished earning capacity
- Ambulance fees
- Hospital bills
- Costs of necessary medical equipment
- Prescription medication fees
- Co-pays
- Other medical expenses
- Increased insurance premiums
- Costs of repairing or replacing your vehicle
- Other property damages
Non-Economic Damages
Non-economic damages are more difficult to quantify. Since they do not have a financial value, your lawyer will need to carefully examine the ways your life has been affected by these specific non-economic damages to ascertain their financial worth.
With that in mind, some commonly awarded non-economic damages you could seek and recover in your traumatic brain injury claim include:
- Inconvenience
- Physical pain and suffering
- Emotional distress
- Disfigurement and skin scarring
- Diminished quality of life
- Loss of guidance and support
- Lots of love and companionship
- Loss of society and advice
- Reputational damages
Punitive Damages
Punitive damages are another type of award you could collect as part of your traumatic brain injury claim. However, punitive damages are typically only awarded when the court system finds the defendant’s actions abhorrent or grossly negligent.
In awarding punitive damages, the courts hope to send a message to the public and punish the liable party for these actions. It is important to remember that punitive damages are not a loss you have the right to recover as part of your traumatic brain injury claim.
How to Get the Most Out of Your Hamilton County TBI Claim
Many traumatic brain injury victims assume they can recover the compensation they deserve through an insurance settlement.
However, this is rarely the case. If you hope to get the most out of your claim, you need to be prepared to file a claim with the insurance company wherever possible but also bring your case before a judge and jury.
What to Expect From the Insurance Company
Dealing with the insurance company is never easy. Insurance companies only care about their own profits and financial interests. They have entire teams of insurance adjusters looking for opportunities to deny claimants the benefits they need.
Your attorney will be able to protect you from advantageous insurance adjusters. If you have your traumatic brain injury attorney handle the negotiations process, you cannot only avoid being taken advantage of by the insurance company but also settling for less than you may otherwise deserve.
Indiana Personal Injury Laws Affecting Your TBI Claim
When you are moving forward with your traumatic brain injury claim in Carmel, IN, there are several Indiana personal injury laws you need to know that could have a significant impact on the outcome of your case. These include the following:
- The statute of limitations for personal injury lawsuits, including traumatic brain injury cases, is just two years (IC § 34-11-2-4)
- The state of Indiana operates under a fault-based system for insurance purposes
- If you share liability for your injuries, under Indiana’s modified comparative negligence laws, you can still recover compensation for your damages if your portion of fault does not exceed 50%
You can learn more about how each of these personal injury laws could impact your traumatic brain injury claim when you discuss the circumstances of your case with us.
Connect With Our Attorneys Now
When your life has been disrupted by your traumatic brain injury, and someone else is responsible, they should be compelled to cover your damages.
Get help seeking fair compensation for your suffering when you connect with a dedicated Carmel traumatic brain injury lawyer from Isaacs & Isaacs Personal Injury Lawyers. Call for your free consultation with a compassionate team member today.