After suffering a traumatic brain injury (TBI), you may try to pursue compensation through an insurance claim. The cost of TBIs often exceeds the policy limits of the minimum required insurance. Luckily, Indiana is an at-fault state, meaning you can sue the liable party. A Westfield traumatic brain injury lawyer with Isaacs & Isaacs Personal Injury Lawyers can help.
Recovering damages from the liable party is not an easy process, but you don’t have to face it alone. Our personal injury lawyers can handle everything from start to finish while you focus on your health.
How a Traumatic Brain Injury Lawyer in Westfield Can Help
You may begin seeking compensation for your injuries by filing an insurance claim. Traumatic brain injuries often cause damages that exceed a policy’s coverage, though. In this case, you may have to bring your case to court.
Having legal representation can help you understand how to proceed with your claim. For instance, a Westfield traumatic brain injury attorney would advise you to do the following immediately after the injury:
- Seek medical attention
- Keep all medical records
- Inform the liable party and their insurance company of your injuries
- Inform your insurance company if you sustained injuries in an auto accident
- Avoid negotiating with the liable party’s insurer directly
The primary role of legal representation is to cater to your well-being, which means protecting your interests. Having a lawyer handle the claims process relieves you of stress that could negatively affect your recovery.
Legal representation can also help if you choose to pursue a personal injury lawsuit. The litigation process may involve a lot of complexities, which the liable party and their insurer may use to their advantage. Our Westfield traumatic brain injury attorneys can represent you during litigation and even in a trial if necessary.
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An Insurer May Try to Undervalue or Deny Your Claim
You are burdened with proving that the liable party’s negligent actions led to your injuries. The responsible party’s insurer will often try to find evidence that implicates you as the at-fault party.
By shifting all or a portion of the blame for your injuries onto you, an insurer may undervalue or outright deny your claim. Having a Westfield traumatic brain injury lawyer by your side can help you gather enough evidence to refute an insurance adjuster’s determination of fault.
Damages You Can Seek for Your Traumatic Brain Injury in Westfield
The damages you can recover through a personal injury claim after suffering a traumatic brain injury are:
- Medical expenses
- Cost of damaged or repair for property
- Non-economic damages such as pain and suffering
- Loss in wages and impaired future earnings
The amount of damages will vary based on the specifics of your case. For instance, in severe traumatic brain injuries, damages may include the cost of long-term care and support, such as the cost of support groups.
To ensure that you get a fair settlement, avoid accepting the initial offer made by the insurance company. Instead, consult a traumatic brain injury attorney in Westfield to learn more about what damages you can recover. A lawyer can negotiate a fair settlement on your behalf with the liable party’s insurer.
Wrongful Death Damages
If your family member dies of a traumatic brain injury, you can pursue a wrongful death action against the liable party. A Westfield traumatic brain injury lawyer can pursue compensation that can help your family cope in your loved one’s absence.
If you have lost a loved one, you can recover the following damages through a wrongful death claim:
- Burial costs
- Medical costs left behind by the deceased
- Loss of consortium
- Loss of financial support
Affording a Westfield Traumatic Brain Injury Lawyer
Some people assume that having legal representation is an expensive luxury that they cannot afford. Our Westfield traumatic brain injury lawyers work on a contingency fee basis, though. You do not have to worry about any upfront fees when you hire any of our attorneys to help you with your case.
The contingency fee policy is a client-centric initiative based on the assumption that we should not get paid unless we help you win your case. The contingency fee policy also applies if we have to go to litigation.
The contingency fee policy gives injured parties an advantage by allowing them to afford legal representation. This is because insurance companies often have numerous lawyers to handle their cases and reduce any claim they have to payout.
Get a FREE Case Review by Calling The Hammer Now.
Causes of Traumatic Brain Injuries in Indiana
The occurrence of traumatic brain injury in Indiana has an incidence rate of 355.7 per 100,000 residents, according to the Indiana State Department of Health. The state’s leading cause of traumatic brain injuries is falling, especially among the older generation. These falls often lead to mild or moderate traumatic brain injuries.
The main cause of severe traumatic brain injuries is fatal road accidents. Indiana experienced 815 fatal road accidents, and the leading cause of such accidents is negligence. When a negligent party is responsible for your traumatic brain injury, you can hold them liable for all damages you incurred.
You have the right to legal representation, whether you are simply filing an insurance claim or pursuing litigation. We have helped traumatic brain injury victims before, and now we want to fight to get you the compensation you deserve.
Work with Our Westfield Traumatic Brain Injury Lawyers Today
You do not have to deal with the claims process after sustaining a traumatic brain injury alone. Let one of our Westfield traumatic brain injury lawyers help you learn how you can recover economic and non-economic damages from the liable party.
With us on your side, you can focus on what only you have control over—healing from your injuries. We can take care of the legal legwork. Call Isaacs & Isaacs Personal Injury Lawyers today and receive a free, no-obligation consultation.
