Have You Suffered a Traumatic Brain Injury in Bloomington? Our Personal Injury Lawyers Can Help

A TBI is a type of injury that occurs when the brain is damaged by a sudden blow or jolt to the head. According to the Centers for Disease Control and Prevention (CDC), TBIs are a leading cause of death and disability in the United States, with about 190 TBI-related deaths every day.

Overall, TBIs can be caused by a variety of incidents, including car accidents, slip and falls, workplace accidents, or medical malpractice. If you’ve experienced a TBI due to someone else’s negligence, you deserve justice and compensation, which it’s possible to get by filing a personal injury claim.

In this scenario, you need to speak with an experienced personal injury lawyer as soon as possible after the accident to make sure you understand your rights and your legal options.

What Are Your Legal Options After a Traumatic Brain Injury?

In Indiana, victims of TBIs can claim various types of damages as compensation for their injuries. According to Indiana Code § 34-51, you have the right to pursue these damages through the legal system if your injury has been caused by another party’s negligence.

Recovering compensation it’s important because it helps cover the cost of medical bills, lost wages, and other expenses related to your injury. You’ll be able to recover without the added financial pressure and get justice by holding those responsible accountable.

To initiate the process, a personal injury lawyer will investigate your case, prove liability, and file a personal injury claim on your behalf. To successfully do so, it’s necessary to prove the other party was at fault for the accident that caused your damages.

How Do You Prove a TBI Case

Proving a TBI case involves multiple steps, from gathering medical records to collecting evidence that demonstrates negligence. In this scenario, a lawyer can be instrumental in building a strong case that secures you compensation.

Additionally, local personal injury lawyers are well-versed in Bloomington’s specific laws and regulations. For example, it’s necessary to keep in mind Indiana’s comparative fault rule, which will impact the amount of compensation you receive according to your degree of fault.

In this scenario, a personal injury lawyer will work to prove the other party’s fault, helping you recover the maximum amount of compensation possible for your case.

The Process of Seeking Compensation for a Traumatic Brain Injury

If you have suffered a TBI in Bloomington, there are two main ways to seek compensation: pursuing an insurance claim or filing a personal injury lawsuit. Let’s see each option in more detail.

Pursuing an Insurance Claim

An insurance claim is often the first step in seeking compensation. It involves negotiating with the insurance company to arrive at a fair settlement that compensates you for your injuries.

However, insurance companies are known for offering lowball settlements, which is why having a local lawyer on your side is crucial. Although most cases are resolved at this stage, sometimes even with a lawyer you can’t reach a fair settlement. In these cases, the case will probably go to trial.

Filing a Personal Injury Lawsuit

If negotiations with the insurance company fail or are unsatisfactory, the next step is to file a personal injury lawsuit. 

This involves presenting your case in court, where a judge or jury will determine the compensation you deserve. To maximize the compensation amount, your lawyer will conduct a thorough investigation of the case, collect evidence, and build compelling legal arguments that support your claim.

Types of Damages You Can Recover

You can claim various types of damages if you have suffered a TBI in Bloomington, such as:

  • Medical expenses: This damage includes the cost of hospital stays, surgeries, and other medical treatments related to your injury.
  • Lost wages: If your injury has caused you to miss work, you can recover compensation for both past and future lost wages.
  • Pain and suffering: This includes compensation for physical pain, emotional distress, and other non-economic damages.
  • Loss of enjoyment of life: If your injury has impacted your ability to enjoy life, you can also recover compensation for this loss.

Calculating these damages fairly to cover all the expenses related to the accident is often hard for victims and their families. But we can help you gather all evidence, analyze your particular case, and calculate all the damages you are entitled to claim by law. 

How Much Compensation Can I Receive?

When you’ve suffered a traumatic brain injury (TBI), understanding the potential compensation you might receive is crucial for planning your recovery and future. At Christie Farrell Lee & Bell, we meticulously assess the full impact of your injury to ensure you are justly compensated. The amount of compensation you can receive varies based on several factors, including the severity of your injury, the extent of your financial losses, and the degree of negligence involved.

For example, in one of our cases, we secured $1,250,000 for a client who suffered a brain injury due to improper care. This compensation covered extensive medical treatments, rehabilitation, and the financial impact of long-term care needs. We invite you to discuss more real case results in a free consultation with a lawyer to understand the potential outcomes and set realistic expectations for your own claim.

How Much Time Do I Have to File a Claim?

The statute of limitations for filing a personal injury claim, including traumatic brain injuries, is generally two years from the date of the injury, according to Indiana Code § 34-11-2-4. Acting promptly is essential, as delays can jeopardize your ability to receive compensation.

Waiting too long to file a claim may result in the loss of crucial evidence and witness testimonies, making it harder to build a strong case. We advise consulting with an experienced personal injury attorney as soon as possible to ensure your claim is filed within the legal timeframe.

What Are the Different Types of Brain Injuries?

Traumatic brain injuries can vary significantly in severity and impact, influencing the type and amount of compensation you might be entitled to. Common types of brain injuries include:

  1. Concussions: Often considered mild TBIs, concussions can still have serious long-term effects if not properly treated. They result from a blow to the head that causes the brain to move rapidly back and forth.
  2. Contusions: These are bruises on the brain tissue caused by a direct impact on the head. Contusions can lead to swelling and increased intracranial pressure, requiring immediate medical attention.
  3. Penetrating injuries: These injuries occur when an object pierces the skull and enters the brain, causing direct damage to brain tissue. Penetrating injuries are typically severe and life-threatening, often requiring surgery.
  4. Diffuse axonal injury: This type involves widespread damage to the brain’s white matter due to severe rotational or shaking forces. It can result in long-term disability or coma and is often seen in high-speed vehicle accidents or severe falls.

However, proving a traumatic brain injury case involves multiple steps, from gathering comprehensive medical records to collecting evidence of negligence. This process is intricate and requires the expertise of seasoned attorneys. At Christie Farrell Lee & Bell, we work diligently to build a strong case by:

  1. Gathering medical records: Documenting your diagnosis, treatments, and long-term prognosis.
  2. Consulting with experts: Using testimonies from medical professionals, rehabilitation specialists, and financial experts to validate the severity of your injuries and future needs.
  3. Collecting evidence of negligence: Demonstrating how the responsible party’s actions directly caused your injury.

Each type of brain injury requires specific medical documentation and expert testimony to establish the full extent of the damage and its impact on your life.

How Our Bloomington TBI Lawyers Can Help You Find the Justice You Deserve

At Christie Farrell Lee & Bell, we can help you file a personal injury claim after a traumatic brain injury in Bloomington. We will help you calculate the full extent of your damages and prove liability to maximize your chances of securing fair compensation, even if insurance companies fight back to lower the settlement amount.

With our decades of expertise in personal injury law, we are ready to assist you in navigating the frequently overwhelming legal challenges associated with traumatic brain injuries. Starting with a free consultation, where we will present you with your legal choices and develop a strategic plan for moving forward

If you’ve experienced a TBI in Bloomington and are seeking expert legal guidance, don’t hesitate to reach out to us today. Let us help you get the justice you deserve and hold the responsible accountable.