Brain Injury:

Brain Injury Lawsuit FAQs

Is there a limit to the amount of compensation I can recover in a brain injury lawsuit?

Several factors will determine the amount of damages in a brain injury lawsuit. Although a brain injury lawyer cannot guarantee a certain amount, he or she can estimate what your claim is worth. Several factors are considered when determining the compensation amount, including the type of brain injury; the severity of the brain injury; your medical history; the cost of your future medical care; the amount of wages lost while suffering from the brain injury; and whether you can recover punitive damages.

What types of damages can I recover through a brain injury lawsuit?

Each brain injury case warrants different types of monetary damages. Generally, brain injury victims can recover compensation for medical expenses, rehabilitation costs, pain and suffering, mental anguish, loss of life’s enjoyment, lost wages and loss of earning capacity.

My doctor told me that my child’s mild brain injury will heal itself. Should I still contact a brain injury attorney?

Although your child’s brain injury may resolve itself in time, the statute of limitations for a personal injury case may run out before you determine that you need to file a claim. Statutes of limitations for brain injury cases vary by state and outline how long a brain injury victim has to file a lawsuit. Even if you do not end up filing a brain injury lawsuit, it is important to contact a personal injury attorney before this time limit expires. To speak with a brain injury lawyer near you, fill out our free case review on the right.

How long do I have to file a brain injury lawsuit? Also, if a child is involved, does this time period change?

The time limit for filing a brain injury claim varies by state. Most states allow one or two years to file a brain injury claim; however, depending on the claim, the time period may be shorter or longer. For example, injured children may have a longer time to file a brain injury claim. In another instance, government entities may have a shorter window of time, sometimes no longer than 180 days. The best way to determine the statute of limitations in your state and for your case is to contact a brain injury attorney. To locate a brain injury lawyer quickly, fill out our free, no obligation form on the right.

How long does it take a brain injury lawsuit to conclude?

An experienced brain injury lawyer should be able to estimate the time it will take to conclude your lawsuit. However, this estimate is not a guarantee. Sometimes, a seemingly simple case may take a long time to finish. Delays in brain injury lawsuits can be caused by crowded courts; difficulty in obtaining medical records; busy lawyers and medical experts; and changes in the victim’s medical condition.

What occurs during a brain injury lawsuit involving a minor?

Generally, your brain injury attorney will contact the insurance company of the responsible party and demand compensation for the child’s injuries. Because most insurers deny this request, a brain injury lawsuit will then be filed. Since a minor cannot file a lawsuit on their behalf, a family member, most often a parent, files the claim.

During the first step of the lawsuit, your brain injury attorney will collect information, including medical and financial records, as well as statements from medical experts. The child will also most likely undergo an Independent Medical Examination by a doctor selected by the defendant. In most cases, a video will be shot documenting the effects of the brain injury. At this stage, settlements will be discussed. If the traumatic brain injury case cannot be settled, the parties will prepare to go to trial.