You cannot change the fact you are dealing with a brain injury. Fortunately, you may pursue damages from the party responsible for your injury. To do so, it may be beneficial to partner with a Manchester, CT, personal injury attorney. You and your lawyer can work together to seek compensation you can use to cover your injury-related losses. 

At Tehrani Law Group, LLC, our legal team has tried and settled hundreds of cases in state and federal trial courts. We will give your injury case the attention it deserves. For more information, get in touch with us. 

Brain Injury Definition

According to the Brain Injury Association of America, a brain injury can impact how a person acts, feels, or thinks. This type of injury happens approximately every 9 seconds in the United States. It may occur for many reasons, such as:

  • Car accident
  • Medical malpractice
  • Slip and fall accident
  • Workplace accident

An injury to the brain may not resolve itself. If you forgo treatment for your injury, your symptoms may escalate. These symptoms may affect your ability to work, go to school, and enjoy your life to the fullest extent. On top of that, they may result in death. 

What to Do If You Suffer a Brain Injury

You may suffer a brain injury in a car accident or any other type of incident without realizing it. The symptoms of your injury may appear in the days and weeks after your incident. If you try to ignore them, they may continue to affect you for the rest of your life. 

Rather than try to “tough it out” after an auto accident or a similar incident, go to the hospital. This gives you the opportunity to undergo medical testing. A doctor may perform a neurological exam and other assessments. If they determine you are dealing with an injury to your brain, they can come up with a plan to treat it. 

You may have concerns about the costs of treating your injury. These expenses may add up quickly. However, you may not be liable for them. For instance, if your injury happens in a car accident caused by a negligent driver, you may hold this individual accountable for your medical bills and other injury-related costs. Thus, you should continue to get treatment for your injury and track your medical bills. You may also want to connect with a brain injury lawyer. 

A brain injury attorney can review the facts surrounding your case. If you have a legitimate request for damages, they can help you file a claim against an at-fault party. Your lawyer will make sure your claim is submitted in accordance with Connecticut’s statute of limitations. 

How Much Time You Have to File a Claim

Based on Connecticut General Statutes Chapter 926 § 52-584, you may have up to two years from the date your injury happens to seek damages from a liable party. As an example, you may suffer an injury to your brain in a car crash in which the other driver was speeding. In this situation, you may have two years from the date of your crash to ask for compensation from this motorist. If you choose not to file a claim within this period, you may be solely responsible for losses associated with your injury.

Brain injury lawyers understand the statute of limitations for personal injury claims. Since the time frame for submitting a claim is limited, it may be best to consult with a lawyer as soon as you discover your injury. If your attorney determines your claim is valid, they can help you calculate your losses. They may work with you to request the most damages possible. 

You may be eligible for economic and non-economic damages in your injury case. Brain injury attorneys can help you determine how much your case is worth. Your lawyer can help you craft a compelling argument designed to help you achieve your desired case results.

Brain Injury Cost 

Per the Perelman School of Medicine at the University of Pennsylvania, the cost to treat, rehabilitate, and care for a traumatic brain injury (TBI) totals approximately $30 billion annually in the United States. There are many expenses you may incur due to your injury. These include:

  • Disability expenses
  • Hospital bills
  • Long-term recovery costs
  • Lost wages

TBI lawyers may encourage their clients to ask for economic and non-economic damages. A judge or jury may award economic compensation for medical bills and other quantifiable losses. You may receive non-economic damages for pain, suffering, and other subjective harm.

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Who Is Responsible for a Brain Injury

A traumatic brain injury lawyer can help you figure out who may be liable. Many parties may be responsible for an injury to your brain. These include:

  • Business owner
  • Doctor
  • Driver
  • Property owner

Your attorney understands the immediate and long-lasting effects of a traumatic brain injury. They can help you identify the liable party so you can seek damages accordingly. Your lawyer may also go over the steps involved if you want to pursue compensation as part of a workers’ compensation claim. 

Brain Injury at Work

If you are hurt at work, you have legal rights and responsibilities. For example, you may suffer an on-the-job brain injury due to no fault of your own. You may be eligible to file a workers’ compensation claim, which may allow you to receive money you can use while you recover from your injury. 

Most employees are covered under Connecticut’s Workers’ Compensation System. The state has a no-fault system of insurance in place. This system requires private insurers or self-insured employers to pay benefits to an employee who suffers an injury, even if this worker is partly or fully responsible. 

The State of Connecticut Workers’ Compensation Commission provides steps for what you should do to submit a claim:

  1. Report the injury to your employer. Notify your employer about your injury, and they will help you get medical treatment.  
  2. Seek medical attention. Go to a hospital, walk-in clinic, or a physician designated by your employer for treatment. 
  3. File your claim. Submit your claim within one year of the date of your injury — if you do not, you may compromise your chances of getting workers’ comp benefits. 

A TBI lawyer can walk you through the workers’ compensation process. They also provide legal guidance and support and can answer any questions you have about traumatic brain injury claims. 

Brain Injury Claims Process

Just because you submit a brain injury claim does not mean you will get damages. A liable party or their insurance company may dispute your request for damages. If they succeed, you may get only a portion of the compensation you are requesting or no damages at all. 

A TBI attorney can serve as your legal representative and advocate throughout the claims process. They can help you submit your claim for compensation. Plus, they can negotiate a settlement on your behalf. This may help you avoid mistakes that otherwise put your claim in danger. 

There are times when an at-fault party or their insurer may pressure you to accept a settlement that falls short of your expectations. You may want to accept a settlement since it will give you money you can start using right away. Also, you will be able to avoid the challenges you may face if you have to bring your case to trial. Alternatively, if you approve a lowball settlement, you leave money on the table. As a result, you may have to cover some or most of your injury-related costs out of your own pocket. 

Traumatic brain injury attorneys help their clients deal with insurance companies after an accident. Your lawyer may encourage you to review a settlement offer carefully and can explain a proposal’s pros and cons. They may provide tips and recommendations on how to get a fair settlement. If you do not get the offer you want, your attorney can help you present your case to a judge or jury. 

Along with this, TBI attorneys will make sure you do not have to speak on the record with an insurance company about your case. If you speak with an at-fault party’s insurer on the record, you may inadvertently accept responsibility for your injury. With help from your lawyer, you will not have to deal with this situation. Instead, you can let your attorney discuss your case for you, and they can boost your chances of getting the maximum amount of compensation. 

Proving Negligence in a Brain Injury Case

You must show an at-fault party was negligent to secure damages. There are four elements of negligence you must prove were present at the time your injury happened:

  • Duty of Care: A party had a legal obligation to avoid careless and reckless acts that could cause you to get hurt. 
  • Breach of Duty of Care: The party violated this obligation. 
  • Causation: The party’s actions led to your injury. 
  • Damages: You are dealing with quantifiable or subjective losses relating to your injury. 

Your attorney can help you prove negligence. They may build an argument and gather evidence that explains you are not partially at fault for your pedestrian accident or any other incident that led to your injury. They may also consider how the defendant will argue their case against you. This may help you and your attorney contest any of the defendant’s claims. 

Comparative Negligence in a Brain Injury Lawsuit

You may share responsibility for your brain injury with another party. In accordance with Connecticut General Statutes Chapter 925 § 52-572h, you may get only a portion of the damages you initially requested in your injury lawsuit based on your percentage of fault. If you are found to be primarily liable, you may be ineligible to recover damages. 

Consider what may happen in a car accident case where a judge or jury says you are 20% liable. In this scenario, the other party may be 80% responsible. Therefore, they may be required to pay 80% of the damages you originally sought. 

Comparatively, you may be involved in an auto accident lawsuit in which a judge or jury finds you are 51% at fault. This means you are more responsible for your accident than the other party. At this point, the judge or jury may say you are 100% liable for your accident-related losses. 

Mistakes to Avoid in a Brain Injury Lawsuit

Beware of a quick settlement offer from an insurance company. If you receive a proposal just days after an accident, it may be a good idea to discuss it with a traumatic brain injury attorney. You are not legally required to accept this proposal. By going over the offer with your lawyer, you can get insights into what may happen if you accept, reject, or counter it. Next, you can make an informed decision that lines up with your best interests. 

If you want to keep family members and friends up to date about your injury, you may want to avoid doing so through social media. Posting content about your injury on Facebook, X, and other social media platforms means many people can access it, including the defendant in your case. The defendant or their insurance company may comb your social media accounts for information. They may use whatever they find to build a case against you. 

You are responsible for the burden of proof in your case, and you should take nothing for granted. Traumatic brain injury lawyers can help their clients gather police reports and other evidence to support their claims. You and your attorney together can collect a wealth of proof. With each piece of evidence you have, you may make it difficult for the defendant to dispute your request for damages. At the same time, you may improve your chances of getting a settlement that provides you with a sufficient amount of compensation. 

Hire an Attorney

A brain injury can affect you physically, emotionally, and socially. If you suffer an injury to your brain due to someone else’s negligence, you may be able to hold the liable party responsible. At Tehrani Law Group, LLC, we offer legal services and support for personal injury cases. Our legal team is available to review your case. To schedule a free consultation, contact us today.