To secure maximum compensation, it’s important that you work with an experienced brain injury lawyer. Contact an attorney from Lytal, Reiter, Smith, Ivey & Fronrath for a free consultation. Call (561) 655-1990 now.
Brain Injury Lawsuit Process
Before we get into the lawsuit process, it’s important to acknowledge that every brain injury case is different. The timetable of a brain injury lawsuit can vary significantly based on the degree of a victim’s injuries, the defendant’s level of cooperation, and the case’s complexity, among other things.
The following steps provide a generalized guide on how to sue for brain injury. For more information, call the Florida brain injury lawyers at Lytal, Reiter, Smith, Ivey & Fronrath.
1. Consult a Physician
If you were in an accident that resulted in brain injury, you need to seek immediate medical attention. Some brain injury symptoms appear almost instantly, but others may take hours or even days to show up.
That’s why early assessments are so important – they help prevent the worst. Early medical records can be used as evidence in front of an insurance adjuster and a jury if a lawsuit is required later on.
Ask your doctor for records showing the severity of your injuries. Ask how long recovery could take, and try to get an idea of future medical bills.
Saving the notes and bills from each of your appointments helps prevent the defendant and their insurance company from denying your claim on the basis of your injury not being severe.
2. Contact an Experienced Brain Injury Attorney
Lytal, Reiter, Smith, Ivey & Fronrath are more than happy to provide a free initial consultation.
When you hire a brain injury lawyer from our firm, you don’t pay anything unless you win. That means you can focus entirely on recovery, while your lawyer works to earn you maximum compensation.
3. Investigating and Getting Treated
Insurance companies will inspect for flaws in your claims and determine validity. Chances of winning heavily depend on this step. Therefore, it’s crucial to receive medical assistance while gathering information regarding your brain injury.
Many brain injury cases focus on proving negligence. Negligent acts are difficult to prove when working individually, but an experienced brain injury attorney can level the playing field by highlighting any applicable negligence they believe should be considered as part of a claim evaluation.
If needed, they will work closely with accident reconstruction and animation specialists.
4. Settlement Negotiations
You or your lawyer may demand compensation from the responsible party or parties in the form of a demand letter. The letter should be about the involved people(s), how they are responsible, your injuries, treatment costs, long-term effects, and more.
Finish the letter by specifying the amount you paid and are owed. Keep in mind that the other party is unlikely to accept the requested amount. In those cases, the claim may go to trial.
6. Reaching Settlement or Filing Lawsuit
Sometimes, negotiations result in satisfactory agreement. Regrettably, this is not always the case.
Litigation begins when you and your attorney file a brain injury lawsuit. This will start the discovery process, during which each party will investigate the allegations and defenses of the other. Both parties must answer all requests for information honestly and fully.
The court will hear evidence. The judge and jury will analyze the evidence and determine its credibility.
Finally, if you win the court will determine how much you will be compensated.
Contact a Florida Brain Injury Lawyer Today
By now, you have a general idea about how to sue for brain injury. Brain injury lawsuits are complex, serious injury claims. Not every personal injury lawyer can handle them with the level of expertise required.
Our West Palm Beach Personal Injury Attorneys are fortunate to have several highly experienced brain injury lawyers.
We can’t undo what you or your loved one has been through, but we can help you get justice. Call 561-655-1990 or send us a message to have a free, confidential chat.