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Understanding Compensation Claims For Traumatic Brain Injuries

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Traumatic brain injury (TBI) can have a profound effect on a victim’s life, leading to long-term cognitive, physical, emotional, and behavioural changes. However, brain injury claims can be complex as they involve compensating for both the initial pain and suffering caused by the injury and any future requirements the claimant may have.

In most cases, Brain injury compensation claims can result in large compensation awards due to the severity of the injury. As such, the amount of compensation awarded for TBI from car accidents can range from $100,000 to over $1 million, depending on the extent of the injury and its effects on the victim’s life, including medical bills, lost income, and more.

However, in order to get the right amount in compensation, you first need to understand how TBI is established and how the compensation claims work. We put together a few tips to help you shed some light on this unfortunate and difficult situation.

What is TBI?

In a nutshell, a TBI occurs when a sudden impact damages the brain. The most common causes of such injuries are car accidents, assaults, slip-and-falls, and events that involve firearms.

TBIs can range flrom mild concussions to fatal injuries, and depending on whether the cranium gets fractured, the injury can be classified as closed or penetrating.

How Much Compensation Can You Get for a TBI?

If you’ve suffered a TBI due to someone else’s negligence or intention, you have the right to be compensated for the trauma you are being forced to endure. However, the value of the compensation varies depending on a series of factors.

Such factors include medical bills and related expenses, loss of earning capacity, compensation for life care, pain and suffering, and punitive damages. For injury-related expenses and loss of earning capacity, you can bring forth solid evidence to support your case.

However, the severity of the TBI effects in the long term (which may include ongoing physical therapy, assistance with daily activities, and medication) and the physiological and psychological impact of such an injury can be more difficult to prove.

This is why it’s important to hire legal help for traumatic brain injury victims. An experienced personal injury lawyer specialised in dealing with TBI cases will be able to help you in gathering evidence and making sure you get the right amount in compensation.

Plus, they will handle all communications with the other party and the court, which is a load off your shoulders, especially in a case like this.

Keep in mind that a well-trained lawyer can help you get a million-dollar settlement. This is why it’s important to know when it’s good to accept the first offer from an insurance company and when you should hold your ground and ask for more.

Be Aware of the Time Limit

Personal injury claims have a 3-year time limit, starting with the date of the accident or the date of diagnosis. During this time interval, the victim can take legal action.

Children are a special case, as the time limit does not apply until they turn 18 years old. Therefore, a parent or legal guardian can claim at any point before the child’s 18th birthday.

Another special case is when the victim lacks mental capacity. In this case, the time limit does not apply, and they can have a close person acting on their behalf. In this case, once the amount is decided and approved by the court, the sum will be placed into a trust fund.

Wrap Up

TBIs are a messy situation because no amount of money can erase the suffering and loss the victims have to experience. However, this doesn’t mean victims don’t need proper compensation that will cover everything from medical bills to psychological trauma.

How To Win Compensation If Your Car Is Hit By A Truck?

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Your car getting hit by a truck is never pretty sight, and even if neither party suffers any injuries or fatalities by a measure of good fortune, the damage to your vehicle can be significant. Coupled with any losses owing to the downtime when your vehicle is in the shop, it is only fair that you are adequately compensated for the mishap.

However, winning compensation when a truck hits your car is far from straightforward, and claimants have to stay on top of things, and take a few essential steps in order to see any compensation from this, often horrendous experience.

In this article, we lay down certain rules and best practices to follow immediately after your vehicle gets hit by a truck or meets with an accident involving a truck.

1. Call Emergency Services

The first thing you need to do in the case of an accident involving a truck, or any accident for that matter is to contact 911. Intimating the police regarding the incident right away not only helps convey important details but can also help you avail emergency medical services which can be crucial at the time.

Often cops are on the scene, they will perform a preliminary investigation, take photographs, and speak to witnesses, all of which can be crucial in making your case.

2. Seek Medical Care

Even if you’ve been fortunate enough to escape any serious injury, it is pertinent to seek medical care right away, to identify, and take care of any hidden, or delayed injuries that may surface after a period of time.

Seeking medical care immediately further helps you document any injuries, and creates a strong link between the incident, and its impact. This will be crucial when seeking an insurance settlement, or while trying to make your case to a jury.

3. Contact an Attorney Specialised in Truck Accidents

After recovering from the initial trauma, and having a thorough medical check-up, it’s time to get in touch with an attorney, preferably someone with extensive experience in dealing with truck accident cases.

Once you engage an attorney to represent you, and provide them the necessary information, almost all communications will be routed through them, and an experienced practitioner will know perfectly well what the next step should be.

According to the truck accident lawyers of Abels & Annes, a seasoned attorney will know where to seek evidence, how to collect eyewitness statements and make a case in pursuit of what the victims rightfully deserve.

4. Understand the Types of Damages

If you’re involved in a truck accident there are three major types of damages, or compensation that can be claimed, depending on the nature, cause, and severity.

  • Economic Damages – These are essentially the losses you experience as a result of the accident, and includes medical expenses, lost wages or earning capacity, out of pocket expenses, etc.
  • Non-Economic Damages – Victims can also seek damages for non-financial aspects, such as the trauma suffered, emotional distress, disability or disfigurement, and more, for which there cannot be a set monetary figure.
  • Punitive Damages – In cases of gross negligence, or serious misconduct, the court can impose fines on the guilty party as a punishment far exceeding the economic, and non-economic claims.

Final Words

While the pursuit of compensation for your losses, and troubles is certainly filled with hoops and hurdles, justice is well within reach for all those who make the effort.

With the right approach, a little bit of effort, and a dedicated attorney by your side, you can emerge from an unfortunate accident unscathed, at least when it comes to your finances.