After an accident in Hammond, Indiana, you may find yourself dealing with the painful experience of a traumatic brain injury (TBI). Traumatic brain injuries vary in severity, and long-term symptoms may take time to emerge. Your road to recovery could cause drastic life transformation and extensive medical treatment.
You shouldn’t have to deal with the mounting stress of medical bills, physical pain, and battling the insurance company on your own. A Hammond traumatic brain injury lawyer can stand in your corner, guide you through the Indiana claims process, and help fight for the just compensation you deserve.
What is a traumatic brain injury?
The CDC classifies a traumatic brain injury (temporarily or permanently) as an injury that impacts the way a brain functions. TBIs are one of the leading causes of disability and fatalities in the U.S. In 2019, 223,000 people were hospitalized due to the effects of TBIs.
According to the NIH, TBIs can also be divided into two categories: non-penetrating TBIs and penetrating TBIs. A non-penetrating TBI typically involves blunt force trauma and causes the brain to shift in the skull. A penetrating TBI involves an object that penetrates the skull and tears brain tissue.
If you were involved in an accident and suffered any level of head trauma, you may have a TBI. Even if the impact of your head trauma isn’t immediately apparent, it’s vital that you seek medical attention to ensure you aren’t dealing with a TBI. Car accidents and slip and falls often result in traumatic brain injuries.
Some of the TBI symptoms to look for after an accident in Hammond include:
- Blurred vision
- Comas
- Convulsions
- Dilated eye pupils
- Dizziness
- Extreme fatigue
- Headaches
- Loss of balance
- Memory loss
- Slurred speech
If you’ve experienced any of these symptoms after an accident in Hammond, you may want to consult a traumatic brain injury lawyer.
How can a Hammond traumatic brain injury lawyer help?
Although you can file a claim for your TBI with the at-fault party’s insurance company, you may find the insurer is reluctant to offer compensation for more than just your immediate medical bills or lost wages. However, depending on the severity of your TBI, you may require a lifetime of medical care.
Traumatic brain injuries fall into three categories: mild, moderate, and severe. Each level of TBI can cause significant pain and deserves just compensation. A lawyer who specializes in TBI cases can guide you through each step of your pursuit of justice.
How do you prove traumatic brain injury?
Traumatic brain injuries require a variety of medical tests for a diagnosis. However, these tests can help prove the extent of your injury. A traumatic brain injury lawyer can also retain a medical expert to provide testimony in your case.
Medical tests provided to prove TBIs include:
- CAT Scans: These scans highlight different sections of your brain, such as your frontal lobe, to discern irregularities like hematomas or reduced brain function.
- Diagnostic tests: Basic tests that can determine your motor functions, coordination, physical abilities, and speech abilities.
- Intracranial pressure monitoring: This allows medical professionals to determine whether or not your brain has suffered any abnormal swelling.
- MRIs: MRIs can detect bleeding on the brain and changes to your brain’s structure.
Expert witnesses and loved ones who can testify to your life before and after your accident can help lend credibility to your claim as well. Although your TBI may be easy to prove, the evidence you have of its impact on your life may impact your awarded compensation.
What are the damages paid for traumatic brain injuries in Hammond, IN?
An insurance company may seem eager to pay out a settlement for your TBI, and a quick lump sum could feel like the resolution you need. However, insurers could deny your claim or offer you far less than what you’re owed.
You should begin the claims process immediately after you’ve received your TBI diagnosis, and file a claim with the insurance company. However, a traumatic brain injury lawyer in Hammond can help you determine the best course of action to receive compensation.
When to start the claims process
Many insurers in Hammond and throughout Indiana have a time window allotted to file a claim. Typically this time period lasts for thirty days from the date of your accident. If you choose to accept an offered settlement from the insurance company, you forfeit your right to file a lawsuit against them.
Indiana Statute of Limitations
After you’ve begun your insurance claim, if you choose to file a personal injury lawsuit for your traumatic brain injury, you must adhere to Indiana law. Indiana state law IC § 34-11-2-4 gives a statute of limitations on filing personal injury claims. The law mandates that you file your legal claim within two years of your accident.
The amount of financial compensation you receive depends largely on the pain and suffering you can prove you’ve endured as a result of your TBI. In Hammond, Indiana, it’s vital that you have a traumatic brain injury lawyer fighting for your just compensation.
Economic versus non-economic damages
The liability of the at-fault party in your traumatic brain injury case may involve both economic and non-economic damages. Economic damages cover the financial losses your TBI caused, while non-economic damages cover areas like pain and suffering.
Here’s a breakdown of some possible economic damages:
- Lost wages: Wages, including tips, bonuses, future wages, and unpaid time off
- Medical bills: Any bills covering medical appointments, hospital stays, prescriptions, surgeries, and treatment
- Transportation: Any out-of-pocket expenses incurred as a result of your TBI
- Property damages: If the accident that caused your TBI also caused damage to property you own, you could recoup the cost of repairs or needed property replacement
Non-economic damages include:
- Emotional distress: If you have received psychiatric treatment as a result of your TBI, you may be able to claim emotional distress
- Loss of quality of life: If your traumatic brain injury has changed the quality of life you enjoy, you can include this in your claim. For example, if you used to play sports, but your TBI prevents you from continuing, this is a loss of quality of life.
- Pain and suffering: The trauma and discomfort your TBI has caused you is considered pain and suffering.
Contact Yosha Law
A traumatic brain injury can lead to unforeseen emotional, financial, mental, and physical stress. You may feel alone and unsure of where to turn on your journey to healing. it may feel impossible to focus solely on your recovery.
If you want to file a lawsuit, you need a Hammond traumatic brain injury lawyer who will face the insurance company head on. You need someone in your legal corner who will fight for you.
Our traumatic brain injury lawyers can:
- Fight for you in court
- Handle all necessary legal paperwork
- Honestly examine the strength of your case
- Gather forensic evidence and expert testimony
- Represent you in all negotiations and legal meetings
A traumatic brain injury can lead to unforeseen emotional, financial, mental, and physical stress. You may feel alone and unsure of where to turn on your journey to healing. it may feel impossible to focus solely on your recovery.
At Yosha Law, our clients are our family. We empathize with your plight and want to help you receive the just compensation you’re owed. Contact us today for a free case evaluation.
