According to the Centers for Disease Control, about 1.4 million people in the U.S. suffer some type of Traumatic Brain Injury (TBI) annually. These injuries range from mild concussions to skull-penetrating injuries that result in serious brain damage. TBIs are common after a fall, but they may also occur in a car accident.
Regardless of how one suffers a TBI, diagnosis and treatment can get expensive. It may be important to know the legal options for recovering compensation after suffering a TBI in an accident.
Our knowledgeable car accident lawyers in South Bend can discuss this during a confidential consultation. The call is free and there are no upfront fees. If we validate your claim, you do not pay us unless we recover compensation for you.
Below, we discuss some factors that may help determine the validity of your TBI claim.
Was the Accident Due to Someone Else’s Negligent Actions?
If your TBI is the result of someone else’s negligence, you have the right to file a claim for compensation. Since Indiana is an at-fault state, you need to file it with the liability insurance of the driver who caused the collision.
To recover the compensation, you must prove the other driver’s negligence.
What is Considered a Negligent Action While Driving?
Drivers are expected to take reasonable care to avoid an accident. This means they are expected to follow traffic laws and stay focused on driving.
Negligent actions while behind the wheel include:
- Speeding
- Running a traffic light
- Running a stop sign
- Texting and driving
- Drinking and driving
- Failure to yield
- Following too closely
- And more
Any of these negligent acts could lead to a serious collision, causing serious injuries, such as a TBI, to those involved. However, high-speed crashes can greatly increase the risk of a TBI. The people in the vehicles are more likely to have their heads slam into a hard surface.
Linking Your Traumatic Brain Injury to the Accident
You must also prove the negligent actions of another party directly resulted in your injuries.
To do this, it is important that you see a doctor as soon as possible after the collision. If you wait too long to seek treatment, the insurance company may try to argue your injuries were a result of something else.
Therefore, you should not refuse medical attention at the scene of the crash. Some accident victims may experience a TBI like a concussion and not realize it. However, a paramedic at the scene may be able to detect the symptoms and recommend a trip to the emergency room.
If you go to the emergency room right from the crash scene, it will be harder for the insurance company to argue your TBI is not a result of the crash.
Once you are treated and diagnosed with a TBI, your medical records will also help establish you suffered the injuries you are claiming compensation for.
Were You Partially at Fault for the Accident?
Another important factor to consider is whether you are partially at fault for the accident, as this could affect your legal options.
Under the comparative fault laws of Indiana, an accident victim who is partially at fault for his or her injuries may still recover some compensation. However, he or she must be less than 50 percent at fault. Whatever compensation is awarded in the case may be reduced by the percentage of fault assigned to the victim. For example, if a person is 10 percent at fault for a collision, he or she may have a $10,000 recovery reduced to $9,000.
If you are more than 50 percent at fault for the accident, then you cannot recover any compensation.
Can I Sue After Suffering a Traumatic Brain Injury?
If the insurance company refuses to pay out your claim for a TBI, you may be able to file a lawsuit to pursue compensation. You still must prove the negligent actions of another party directly resulted in your injuries.
It is important to keep in mind that there is a time limit to file a lawsuit. In Indiana, the statute of limitations is two years from the date of your injuries.
Work With an Attorney. Call Us Today
It may be in your best interest to work with an attorney after suffering a TBI. Our lawyers are prepared to take care of the legal process for you so you can focus on your health. This includes filing a claim, building a case and negotiating with the insurance company on your behalf. We are also prepared to file a lawsuit if it becomes necessary.
Our attorneys work on contingency. This means we do not charge you anything while we work on your case. You also do not pay us unless we recover compensation for you.
Call (574) 444-0741 to schedule a free consultation.
