4 Things You Should Know About Traumatic Brain Injury Lawsuits

4 things you should know about traumatic brain injury lawsuitsI’m committed to helping people stay calm during tough times so I wrote this article about traumatic brain injury lawsuits.

Around 2.5 million Americans experience a brain injury each year, which can result in disability, mental health issues and even death. Anything from sports to car crashes might result in brain damage.

Medical treatment and healthcare costs are at an all-time high due to inflation.

As a result, receiving treatment for a traumatic brain injury that you sustained because of someone else’s negligence will be a huge financial burden.

No worries – I’m here to help!

As you might know, I am a bestselling wellness author with about 2 million books sold globally.

Plus I founded a groundbreaking video course called The Anxiety Cure.

I love sharing tools to help people live their best lives.

With this mind, I created this article all about you should know about traumatic brain injury lawsuits.

First things first… You may well be eligible for compensation under the law if you or a family member were involved in an accident and sustained a brain injury, such as a concussion. All you have to do is bring a legal claim for traumatic brain injury with the aid of an experienced lawyer, like those at Reiner, Slaughter, Mainzer, and Frankel law offices.

Before you go ahead with the lawsuit, here are some of the most important things that you should be aware of about a traumatic brain injury lawsuit.

The Legal Aspect of Your Lawsuit

Understanding the legal theory that will underpin your lawsuit is crucial because it will determine what you must prove to win in court or reach a settlement.

Negligence is a legal principle that forms the basis of the majority of brain injury litigation. In order to establish legal responsibility (or “at fault” for the harm), the person filing the case (referred to as the “plaintiff” in legal language) must show that the defendant, whom they are suing, is to blame for the harm. A plaintiff in a negligence lawsuit must establish all of the following to win in the end:

  • The defendant was obligated by law to exercise reasonable caution (the defendant had a “duty of care” toward the plaintiff). 
  • The plaintiff was not treated with the necessary care by the defendant.
  • The plaintiff’s injuries were brought on by the defendant’s activity (or inaction).
  • The plaintiff experienced quantifiable damages or injuries as defined by the law.

Evidence About the Incident and Your Injuries

To support your claim, you should gather as much information as possible about your accident and the extent of the brain injury.

In order to prepare your case, an adept lawyer will inquire about the circumstances surrounding your brain injury. They will probably inquire about your recollections of the incident, the manner in which it occurred, your location and activities at the time, any social media posts you made, as well as the medical care you received.

Be sure to give as much information as you can from witnesses, accident reports, and newspaper articles to your attorney in an honest manner so that they can build a strong case for your lawsuit.

Evidence You Can Use in TBI Cases

Traumatic brain injuries can go unnoticed for years as they are less visible than cuts or fractured bones. 

Evidence in a case involving traumatic brain damage can include the following:

  • X-rays, CT scans, and MRI scans of the brain
  • Computer simulations, brain maps, and diagrams
  • Monitoring of intracranial pressure (ICP) to look for any brain inflammation
  • Tests to diagnose your degree of cognitive capacity, functional mobility, cognitive abilities, speech coordination, and motor skills
  • Testimonies from witnesses and TBI specialists
  • Testimonies from health professionals such as neurologists, neuropsychologists, or rehabilitation experts
  • Individuals who can attest to the “before and after” effects of the damage on your life
  • Testimonies from experts in mental health, such as psychologists and psychiatrists

Your Options for Compensation

Getting a settlement from the defendant might be challenging if they lack funds, insurance, or the means to pay the settlement. However, there are other ways in which you can get your compensation. Your attorney will thoroughly examine all potential routes for you to pursue compensation. You might be able to get your compensation from the following:

  • Insurance for commercial liability
  • Vehicle insurance
  • Residential insurance
  • Insurance for workers’ compensation
  • A personal umbrella policy
  • Insurance for personal injury protection (PIP)
  • Med Pay protection

The amount of compensation you can receive for your injury will be capped by the coverage offered. You may seek the defendant’s personal assets or resort to personal insurance plans if the defendant’s insurance does not adequately compensate you.


If you or a member of your family has suffered a brain injury because of somebody else’s negligence, contact personal injury attorneys so that you are not forced to handle the consequences on your own.

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