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Filing a claim for a traumatic brain injury (TBI) can feel overwhelming. If you or a loved one has suffered a TBI, you’re already navigating the physical, emotional, and financial challenges of recovery. The thought of dealing with legal and insurance processes might seem like too much. But understanding what to expect after filing a TBI claim can help ease some of that stress. With the right information and support, you can pursue the compensation you need to help rebuild your life.
Here’s a step-by-step look at what happens after filing a TBI claim.
Step 1: The Initial Consultation
Your first step is typically to meet with an experienced personal injury attorney. This consultation is a chance for you to share your story and provide details about how the injury occurred. Your attorney will listen carefully and assess whether you have a viable claim.
Be prepared to discuss the circumstances of the injury—whether it was from a car accident, a workplace incident, a fall, or some other cause. The attorney may ask questions about your diagnosis, medical treatment, and how the injury has affected your life.
At this stage, the attorney will also explain your legal options and outline the potential compensation you could pursue. This might include medical expenses, lost wages, future care costs, and pain and suffering. Remember, the consultation is your chance to ask questions too, so don’t hesitate to bring up any concerns.
Step 2: Gathering Evidence
After deciding to move forward with your claim, your legal team will begin gathering evidence to build a strong case. This step is crucial because the success of your claim depends on proving that someone else’s negligence or actions caused your injury.
Some common forms of evidence used in TBI claims include:
- Medical records detailing your diagnosis and treatment.
- Accident reports or incident reports.
- Witness statements from people who saw what happened.
- Photos or videos of the scene where the injury occurred.
- Expert testimony from doctors or other medical professionals about the extent of your injury and its long-term impact.
For example, if you sustained a TBI in a car accident caused by a distracted driver, your attorney might collect traffic camera footage, police reports, and cellphone records to show the driver was at fault.
Step 3: Dealing with Insurance Companies
One of the most challenging parts of filing a TBI claim is dealing with insurance companies. Unfortunately, insurance adjusters often try to minimize payouts, even in cases involving serious injuries like TBIs.
After a claim is filed, the insurance company will likely reach out to you. They may request a recorded statement or offer a quick settlement. It’s important to be cautious during this stage, as your words or actions can impact the outcome of your claim.
Your attorney will handle most of the communication with insurance companies, so you don’t have to worry about saying the wrong thing. They’ll negotiate on your behalf to seek a fair settlement that truly reflects the extent of your damages.
For instance, if you’ve been offered a settlement that only covers your immediate medical bills, your attorney will push back and argue for additional compensation to cover long-term care, therapy, or lost future earnings.
Step 4: The Waiting Game
It’s important to know upfront that TBI claims can take time to resolve. These types of injuries often have complex medical and legal aspects that require careful evaluation. Your attorney will want to ensure that all your present and future needs are accounted for before accepting a settlement or moving forward with a lawsuit.
While the timeline can vary, here’s an idea of what to expect:
- Initial claim assessment and negotiation can take weeks to months.
- If a lawsuit is filed, the process of discovery, depositions, and pretrial motions may extend the timeline by several months or even a year or more.
- If the case goes to trial, the timing depends on the court’s schedule, but rest assured your attorney will prepare a strong case to present before a judge or jury.
Although waiting can be frustrating, patience is key. Settling too quickly may result in accepting less compensation than you’ll need for the long haul.
Step 5: Resolution
Most TBI claims are settled out of court, meaning you and the liable party agree on compensation without going to trial. However, if a fair settlement cannot be reached, your attorney will take your case to court and fight for your rights in front of a judge or jury.
Once the case is resolved, you’ll receive the agreed-upon compensation. Depending on the specifics of your claim, these funds might cover past and future medical bills, lost wages, home care, therapy, and other expenses related to your injury.
What You Should Know
Filing a TBI claim can feel daunting, but you’re not alone in this process. A knowledgeable attorney will guide you every step of the way, from the initial consultation to the final resolution. They’ll handle the legal complexities and advocate for your best interests so you can focus on what’s most important—your recovery.
Take John’s story, for instance. John suffered a severe TBI when he slipped on a wet floor in a store. At first, he was hesitant to file a claim, worried it might be a long and overwhelming process. But with the help of his attorney, he was able to gather evidence showing the store had neglected to put up warning signs. After months of negotiation, John received a settlement that covered his hospital bills, therapy sessions, and even helped him afford a home health aide as he adjusted to life post-injury.
Manhattan Brain Injury Lawyers
Navigating the complexities of a TBI claim requires a comprehensive understanding of the legal, financial, and medical aspects involved. At Loscalzo & Loscalzo, P.C., we are committed to providing expert legal representation and support to individuals in New York, NY, who have suffered a TBI. Our experienced team is dedicated to helping you secure the compensation you deserve and guiding you through every step of the process. If you or a loved one has experienced a TBI and are considering filing a claim, we invite you to contact us today at (646) 846-4776 for a consultation. Let us help you navigate this challenging journey with confidence and peace of mind.