Accidents are part and parcel of life. But when you slip and fall on someone’s property and receive a serious brain injury, or a loved one does and the result is wrongful death, you can claim compensation. Brain injuries are costly, devastating and complex, and their future implications are largely unknown. While some cases of TBI (Traumatic Brain Injury) are apparent to the patient and their caretaker, others are more complicated and develop over time. If you or your loved one is dealing with such serious injuries, you could be eligible for compensation to address short- and long-term needs.
Unfortunately, TBI claims aren’t easy to substantiate, considering the complexity of these cases, and sometimes the benefits awarded by the insurance company don’t meet the victim’s financial needs. To win a claim, you need to know how to prove the extent of your injury to the court or insurance company and be skilled at navigating Canada’s legal system. Since most individuals lack the legal knowledge and expertise to handle such complex cases, it’s in your best interest to hire a personal injury lawyer to represent you.
6 Things a Brain Injury Lawyer Can Do for You
There are strict laws and deadlines for taking legal action against the party responsible for your loss or injury. In case you fail to abide by the rules or meet the deadlines, you cannot bring forth a claim to recover your damages. And this is exactly where the role of an experienced personal injury lawyer comes in. They can make the process easier and faster by documenting all of your physical and financial losses. This includes gathering medical records and pay stubs which could play an important role in your case.
1. They Know How to Negotiate
After you’ve sustained a brain injury and a personal injury claim has been filed, the insurance company can be very persuasive when it comes to bargaining for lower compensation. Negotiating with them can be challenging, as they may use special techniques to convince you to accept their monetary offer. This is exactly why you need an experienced personal injury lawyer to help you through this process. They have the experience and resources required to communicate your case to the insurance company. They’re also on close terms with medical and vocational experts who can further strengthen your case by giving testimony.
2. They Help You Make Better Decisions
If you’re a layperson who doesn’t know how to file a personal injury claim, it may seem like a long and complicated process. Sometimes, the plaintiff may own their mistake and be ready to compensate you. If the reimbursement is adequate for your loss or injuries, it may be unnecessary to take legal action. Only a skilled lawyer can analyze your unique situation and inform you about your options. They’ll also counsel you on the best route to take, depending on the seriousness of your case.
3. They Can Help You Secure Reimbursement Faster
If you don’t hire a lawyer, you may have to wait until you recover sufficiently before claiming compensation. Naturally, it’ll take much longer to receive your final settlement.
When you appoint a personal injury lawyer with experience in brain injury cases, they can file a claim on your behalf while you’re still recovering. An experienced lawyer familiar with similar (or even more complex) cases and their legalities can overcome setbacks and help you receive just compensation as soon as possible.
4. They Can Build the Strongest Case Possible
Personal injury cases, especially those related to brain injury, can be difficult to win. You must have strong evidence to prove that the injury was caused by another party who is also legally liable. You must also provide evidence to the insurer/court regarding the extent of the injury and how it has affected you — including your work, health, relationships, future, and overall well-being.
A personal injury lawyer has the resources and legal insight to help with the following tasks:
● Talking to witnesses who saw your accident and can testify on your behalf
● Obtaining police reports and accident reports that detail the events
● Having your medical records analyzed by medical experts
● Seeking medical expert testimony when necessary
● Calculating the dollar value of your damages
● Planning and presenting your case in the best way possible
For instance, motor vehicle accident victims in Ontario are typically entitled to . These include a Medical and Rehabilitation Benefit as well as other compensations to care for an injured victim. Such benefits are particularly crucial for someone who has a traumatic brain injury. Your lawyer will better understand the Statutory Accident Benefits Schedule (SABS) and other factors related to brain injury, which may help you better protect your right to legal benefits. They may work in close coordination with medical professionals to collect the evidence necessary for filing an Application for Accident Benefits.
5. They Make Legal Processing Easier
Hiring an experienced attorney takes the legal work and stress off your shoulders which helps you relax and focus on your recovery. This includes submitting relevant documents, filling out forms, and representing you in court. They also deal with all phone calls and emails, conduct research to uncover evidence, and negotiate with insurance companies.
6. They Provide Motivation and Peace of Mind
Some brain injuries result in death; others cause convulsions, loss of coordination, post-traumatic stress or intense emotional trauma. Following up on court proceedings and injury claims while you’re inured can be stressful. Victims sometimes also lose confidence and motivation in the legal process, which may drive them towards a settlement that’s much less than they deserve. A skilled lawyer can handle all the complicated aspects of your case and give you the motivation and peace of mind you need to achieve the best possible outcome.
Brain injuries are one of the most common reasons to hire personal injury lawyers in Brampton. It’s unfortunate but true that a lot of these accidents are caused by someone else’s negligence. If you or your loved one has suffered a brain injury and you haven’t already spoken to a lawyer, do so right away. You’ve already lost valuable time that could have otherwise been used to file your compensation claim. Talk to an experienced injury lawyer to analyze your case, determine your eligibility, and take the best course of action.