What Are Legal Options After a Concussion?

Legal Options for Concussion Victims in Indiana

Concussions are not as minor of an injury as they once were after medical professionals have learned more about traumatic injuries to the brain. They can have far-reaching consequences on an individual’s physical, emotional, and financial well-being. If you or a loved one has suffered a concussion due to someone else’s negligence, do know that the law provides a means to seek compensation and hold those responsible accountable.

In this article, we’ll explain some of the necessary steps to seek justice after a concussion and explore the various legal avenues available to concussion victims in Indiana.

Suffering a concussion due to a brain injury can leave you feeling overwhelmed and uncertain about the future. When you’re grappling with a concussion, dealing with the legal aspects might be the last thing on your mind. However, understanding your rights and the protections afforded by the law is essential to receive the right compensation you are entitled to by law.

How the Law Protects You After a Traumatic Brain Injury

Indiana law acknowledges that accidents resulting in concussions can cause not just physical harm, but also emotional and financial distress. This recognition underscores the importance of seeking compensation for medical expenses, lost wages, and the overall impact the injury has on your life.

Due to the importance of timely action in securing your legal rights, it’s crucial to hire a brain injury lawyer to ensure you meet all the necessary deadlines and requirements.

The law provides protection for individuals who have sustained concussions as a result of someone else’s actions. One important aspect to consider is the statute of limitations, which is the time limit within which you must file a personal injury claim. According to Indiana Code § 34-18-7-1, the statute of limitations for personal injury claims in Indiana is generally two years from the date of the injury. 

When Should You Consider Legal Action for a Concussion?

Determining to take legal action after a concussion is an important decision. While every case is unique, there are certain situations where pursuing legal action may be appropriate after suffering a catastrophic injury. You should consider hiring legal help if:

1. The concussion was caused by someone else’s negligence or intentional actions.
2. The concussion has resulted in significant medical expenses, lost wages, or other financial losses.
3. The concussion has caused long-term or permanent impairment, affecting your quality of life.
4. The responsible party’s insurance company is denying or undervaluing your claim.

Type of Damages You Can Sue for

When pursuing a personal injury claim for a concussion, you can seek compensation for different types of damages. These include:

• Medical expenses such as costs of initial medical treatment, diagnostic tests, medications, ongoing care, and rehabilitation, among others.
• Lost wages if your concussion has led to missed workdays or diminished earning capacity.
• Pain and suffering which include compensation for non-economic damages like physical pain, emotional distress, and a diminished quality of life.
• Property damage if the accident that caused your concussion also resulted in damage to your property.

According to the injuries and damages resulting from the traumatic brain injury accident, you may be able to claim fair compensation to cover the damages and get your life back.

Who Is at Fault in a Concussion Accident?

Determining liability in a concussion accident can be complex. In this scenario, proving negligence is essential to establish who is at fault and should be held accountable for your brain injuries and damages.

In Indiana, the legal concept of negligence is used to establish fault. Proving negligence requires a thorough investigation of the circumstances surrounding the incident to gather the necessary evidence.

How to Prove Negligence and Hold Responsible People Accountable

Proving negligence in a concussion case requires gathering evidence to support your claim. Additionally, to successfully prove negligence you must establish four key elements: duty, breach, causation, and damages. This entails demonstrating that the responsible party had a duty to act with reasonable care, breached that duty, and directly caused your concussion, resulting in measurable damages.

Building a case based on negligence requires a comprehensive approach. Besides gathering evidence, it entails interviewing witnesses and possibly consulting experts to establish a clear link between the accident and your injuries. 

The Legal Process for Concussion Cases in Indiana

Concussions are more than just a bump on the head; they can be life-altering injuries with lasting consequences. In Indiana, the legal process for handling catastrophic injury cases is a nuanced and intricate journey that requires precision, understanding, and a strategic approach to dealing with insurance companies:

1. Seeking Medical Treatment and Documenting Symptoms

After suffering a concussion, your first priority should be seeking medical attention. Beyond safeguarding your health, this step is crucial for your legal case. Indeed, medical records of your injuries and symptoms serve as vital evidence linking your concussion to the accident.

Be sure to inform your healthcare provider about the circumstances that led to your concussion and any ongoing symptoms you experience. Also, it’s important to document the treatment and recovery process to provide a comprehensive overview of the impact the brain injury has had on your life.

2. Gathering Evidence and Building a Case in Indiana

Evidence forms the backbone of any successful personal injury claim. In catastrophic injury cases, collecting relevant documents, accident scene photos and reports, medical records, and witness statements are key to constructing a strong case.

The process of gathering evidence can be daunting and time-consuming, but it’s essential for building a compelling case. This evidence will serve to demonstrate the extent of your injuries, the circumstances of the accident, and the liability of the responsible party.

3. Filing a Claim and Working with an Attorney

Filing a personal injury claim involves a series of legal steps, from drafting the initial complaint to negotiating with insurance companies. Consulting with an experienced personal injury attorney is highly recommended at this stage for the multiple advantages it offers.

An attorney understands the legal nuances, can negotiate with insurance companies on your behalf, ensure your rights are protected, and provide objective advice when decisions become tough. They will also help you prepare and submit the necessary documents, such as a demand letter outlining your damages and a complaint if a lawsuit becomes necessary.

Seeking Legal Help for Concussion Cases in Indiana

Dealing with a concussion is challenging enough—and you don’t have to navigate the legal complexities alone. Indeed, seeking legal assistance doesn’t just alleviate the legal burden: it also allows you to focus on your recovery and well-being. Here at Christie Farrell Lee & Bell, we’ve worked with personal injury cases in Indiana for 40+ years and we know exactly how to successfully manage your traumatic brain injury case.

It’s possible to pursue justice and compensation for the damages you’ve suffered. If you’re looking to receive the compensation you’re entitled to, reach out to our Indiana personal injury lawyers today for a free consultation and ensure your legal rights are protected.