Suffering a brain stem injury can be a life-altering event, impacting both your physical and cognitive abilities. Brain injuries are among the most devastating effects of an accident that you can suffer. You may lose valuable functions, affecting the rest of your life. When you have suffered brain damage, the financial and emotional costs will pile up quickly, and you may face crushing medical bills at the same time that you are unable to work. Your financial situation can worsen as you learn the exact costs of treating and caring for a severe brain injury.
When someone else is responsible for your injury, they will owe you the full damages they have caused you. Ordinarily, you must either go through their insurance company to get the compensation you deserve or file a lawsuit against them in court. Seeking compensation for a brain injury is a detailed and lengthy process, and it requires the help of an Austin brain injury lawyer who can fight on your side. Insurance companies will never make it easy for you to get the money you deserve, so you need to take them on at every step of the way.
A brain injury lawyer will aim to get you top dollar for your claim. They can handle the paperwork, deadlines, and legal procedures, allowing you to focus on your recovery and well-being. They can also negotiate with insurance companies and other parties to ensure you receive fair compensation for your injuries, medical expenses, lost earnings, and other damages.
Speaking with your brain injury attorney in a free consultation does not cost you anything. They will not charge you anything as a retainer or expect you to pay any bills for their time and services. All you need to do is sign a representation agreement that promises to pay them a portion of your financial recovery in your case, should you receive one. If you do not win your case, you do not owe your brain injury lawyer any money at the conclusion.
What Is a Brain Stem Injury?
The stem is a vital part of your brain located at the base of your skull and controls essential life functions, such as breathing, heart rate, and swallowing. Brain stem injuries occur when you have oxygen cut off for a prolonged period. You can suffer a brain stem injury in as little as one minute without oxygen. Then, brain cells can begin to die, causing irreversible damage. If you can recover from a brain stem injury, it may take months or years to regain some of the functions that you have lost. Even then, you may never make a full recovery.
Brain stem injuries can occur in any accident when you or a loved one has suffered a loss of oxygen. Anytime you stop breathing, your brain function is at risk. Brain stem injuries can happen in the following types of accidents:
- Swimming pool injuries and drowning
- Car accidents
- Truck accidents
- Slip and falls
- Being struck by an object
You can also suffer a brain stem injury when there is a non-traumatic cause. For example, a doctor may make an error during surgery that results in a cutoff of oxygen for a certain amount of time. A doctor may also fail to diagnose or treat an infection that leads to a higher fever or brain cell death.
Brain stem injury patients may need an extensive amount of medical care to treat their injuries. Depending on the severity of the injury, the patient may also need assistance with daily activities. They may be unable to work as they did before the accident. In other words, brain stem injuries can impose significant costs on you and your family. If someone else was to blame for your brain stem injury, they will have a legal obligation to compensate you for the harm that you have suffered, and your settlement check can be substantial.
You Need to Prove Fault to Qualify for Compensation
One of the initial steps in any personal injury action is to prove that you have a legal right to money for what happened. You do this when you show that someone else's negligence was the cause of your injuries. Clearly, you are not in a position where you can do this yourself, especially when you have suffered a brain injury. You cannot investigate your accident and assemble the case to persuade the responsible party's insurance company to pay you.
A brain injury lawyer can help you by building your initial case that will prove that someone else was negligent. No matter what type of injury you have suffered, a brain injury attorney can be on the job immediately, speaking to witnesses and obtaining other physical evidence that you can include in a claim or lawsuit. Your attorney has the experience to identify the liable parties, such as negligent individuals or organizations, and collect the necessary evidence to establish a strong case on your behalf. This evidence can include medical records, expert testimonies, and other relevant information supporting your claim.
The amount and type of proof that you need to win your case depends on the accident or mishap that caused your injury. If you have suffered an injury in a car accident, you must prove that the other driver broke a traffic law or did something else that was careless behind the wheel. Or, suppose you are filing a medical malpractice lawsuit. In that case, your brain injury lawyer will work with expert witnesses to show that the doctor did something unreasonable under the circumstances.
Quantifying the Damages in Your Case
Brain injury cases can become complicated when determining how much money you should receive in compensation. Once you establish fault, the responsible party takes on the legal obligation to fully compensate you. The question is how much you should seek in a claim or lawsuit.
Knowing how much compensation you may be due in a brain injury case can take extensive time and research. One of the complicating factors is that you must also get paid for future damages while receiving compensation for what you have lost in the past. In a brain injury settlement or award, you will receive a one-time payment for everything, and you cannot come back for more money in the future. However, you face the challenge of knowing what your exact future prognosis is and how much money you may require to care for all your needs.
Your lawyer can provide valuable guidance on the potential long-term effects of a brain stem injury and assess the full extent of your economic and non-economic damages. They can work with medical experts, therapists, and other professionals to understand the impact on your future medical needs, rehabilitation, and quality of life. This comprehensive approach ensures you receive the compensation you deserve to support your ongoing recovery and care.
They can work with the following expert witnesses:
- Doctors
- Vocational experts
- Life care planners
- Economic experts
Your brain injury attorney will not know the exact amount of your damages until you reach the point of maximum medical improvement. Here, further treatment may not necessarily improve your condition, and you may better understand your prognosis for recovery.
Your brain injury settlement or jury award may include the following in compensation:
- Medical expenses
- Caretakers who can assist you with the activities of daily life
- Medical equipment
- Retrofitting your home to accommodate your injury
- Lost earnings (or the reduction in your earnings capacity)
- Pain and suffering
- Loss of enjoyment of life
- Embarrassment and humiliation
- Emotional distress
When you have suffered any brain injury, you may deserve significant compensation. Not only are there extensive medical costs necessary to treat and care for your injury, but you are also experiencing a great deal of pain and suffering. Insurance companies will always try to understate your injuries and the effect that they have had on you, so it is important to tell your story and show how your damages have changed your life.
Filing a Claim or Lawsuit
Once you have the necessary facts or proof to establish liability and know the exact amount of your damages, you can take legal action. Your brain injury attorney will help you determine whether you should begin by trying to deal with the responsible party's insurance company or whether you should start by filing a lawsuit against them in court. Either way, you are taking the first step in the legal process, which can lead to compensation.
Your brain injury lawyer will prepare the actual claim or lawsuit that begins the process, explaining why you deserve money and how much compensation you are due. Your lawyer must draft these documents thoroughly and correctly because they are the first thing an insurance company or jury will see.
Negotiating Your Financial Compensation
Most brain injury claims and lawsuits will end in a settlement agreement, where the insurance company agrees to pay you in exchange for giving up your right to further compensation. Thus, you must negotiate as hard as possible to maximize the money you receive in a settlement agreement. There will always be differences of opinion between you and the insurance company about how much you should get because you have different motivations in a settlement negotiation.
Invariably, the insurance company's initial settlement offer will be for an amount that is far less than you deserve. Insurance companies fully expect you to say no to the offer because they know that it does not reflect reality. Your brain injury attorney will evaluate their offer and advise whether you should accept or reject it. You will likely continue negotiations over time until you reach a settlement agreement.
Litigating Your Brain Injury Case
Your brain injury lawyer may determine at some point, whether at the outset of your case or after trying to reach a settlement agreement, that you need to file a lawsuit. Brain injury lawsuits are high-stakes affairs because of the amount of compensation that is available. Your lawsuit represents the amount of money you need for the rest of your life, and you must have an attorney who knows the inside of a courtroom and how to present your case to a jury.
A brain injury lawyer will draft the initial complaint that begins the lawsuit process and make any required filings with the court during the pendency of your case. You can obtain additional evidence supporting your case during your lawsuit's discovery phase. Throughout your case, your brain injury attorney may continue negotiating a potential settlement with the insurance company, as very few cases will go to trial. If you cannot settle your case, your brain injury attorney will present your case to the jury. If you win your case, your lawyer may defend the verdict if and when the insurance company files an appeal.
Giving You Peace of Mind
When you are struggling with a brain injury, you have little to no capacity to deal with anything else. At the same time, you are also worried about what the future may hold for you and your family. You do not want to deal with any other complicated details, such as communicating with the insurance company. You also want to know that you have someone in your corner who can stand up for your legal rights when push comes to shove. That is the exact function that a brain injury attorney can perform for you. All you need to do is work with your lawyer to make significant decisions in your case. They will also be by your side, defending you if you have to give any testimony in a deposition or at trial.
Hiring a lawyer if you suffer a brain stem injury is invaluable. They can provide the necessary experience, support, and legal representation to protect your rights and ensure you receive the compensation you deserve. Reach out to an experienced Austin personal injury attorney today to discuss your case and start your journey toward justice and recovery.
