When someone suffers a traumatic brain injury, it can change their lives and the lives of their loved ones in an instant. The onset of a brain injury or head trauma may result in losses in the victim’s cognitive ability, mental capacity, lost memory, and even serious changes in their personality. While these issues can be tough to deal with, they are even more devastating when your injuries were caused by the actions or negligence of another person. When that happens, you may feel angry. You may want to hold the responsible parties accountable. These feelings are normal and healthy, and hiring an attorney and filing a lawsuit is the appropriate way to act on them.
After a TBI, life as you once knew it may change, but there can still be hope for the future by recovering compensation to get necessary treatments and to cover caretaking expenses. The insurance company of the responsible party may seek to persuade you into accepting a swift, insufficient settlement offer. Contact us before you sign anything. Let us protect your right to compensation in Pennsylvania
Philadelphia brain injury lawyers fight for the maximum compensation you need to move forward from this tragedy. Even seemingly minor head trauma can cause a concussion or more serious neurological damage, so don’t hesitate to get medical treatment and contact a lawyer. Call Philadelphia Injury Lawyers P.C. today or reach out to us through our online contact form to talk about your case.
What Is a Traumatic Brain Injury?
Any bump hit or impact could result in traumatic head injury or trauma. This could include jolts where the brain moves around inside the skull as the result of force (a concussion), such as the force involved in a truck or car accident. Brain trauma can include any of the following types of injuries to the head:
- Concussion: A concussion happens when the brain moves rapidly back and forth inside the skull.
- Contusions: Bruising or any sign of bleeding on the brain/head is referred to as “contusion.”
- Diffuse axonal injury: This can occur when the brain rotates within the skull, causing the nerve axons to tear.
- Closed brain/head injuries: These types of traumatic injuries can arise in car wrecks and other accidents. The trauma leads to damage to the brain tissue, and the complications can be long-term.
- Open (penetrative) interbrain injuries: Open brain/head injuries happen when foreign objects penetrate the skull and damage specific regions of neural tissue. Open head trauma can result in cognitive and functional impairment.
Our Philadelphia personal injury lawyers can help you file a claim for any of these types of brain injuries if they were the result of negligence. Whether your TBI was caused by a careless driver or a business that failed to address hazards, we can help protect your rights by advising you on your lawsuit.
How Much Compensation Can You Recover After a TBI in Philadelphia?
The amount of compensation you can recover after a traumatic brain injury (TBI) in Philadelphia varies depending on the unique circumstances of your case. The severity of your head trauma,, the impact on your life, and the negligence of the responsible party all play a significant role in determining a claim’s value. There are several types of damages that you may be able to recover with the help of a lawyer:
- Medical expenses: Compensation for medical expenses can include costs related to emergency treatment, hospitalization, surgery, rehabilitation, medication, and ongoing care. In cases of severe TBI, you may also be entitled to compensation for future medical expenses, such as in-home care or long-term treatment.
- Lost wages and loss of earning capacity: If your traumatic brain injury (TBI) has resulted in missed work or has affected your capability to earn income, you may seek compensation for lost wages and any decrease in your future earning potential. That could include any trauma that causes a concussion, physical or cognitive disabilities, memory loss, or neurological impairment. This can be particularly consequential in instances where the head trauma leads to permanent disability or necessitates a career change. In those cases, you may be able to get compensation for your future expenses related to skilled care and support from a caregiver.
- Pain and suffering: TBI victims often experience significant physical pain, emotional distress, and mental anguish. Pain and suffering damages address these non-economic losses and provide compensation for the overall impact of the injury on your quality of life.
- Loss of consortium: In some cases, a TBI can impact the victim’s relationship with a spouse or family members. Loss of consortium damages compensate for the loss of companionship, affection, and support.
- Punitive damages: In rare instances involving severe negligence or intentional harm, the court may award punitive damages as a penalty for the liable party and to discourage similar negligence in the future.
It’s important to remember that each case is unique, and the compensation you ultimately receive will rely on factors such as your evidence, your legal team, and the willingness of the responsible party to negotiate a fair settlement. Hiring an attorney to advocate for you is your best chance of having a successful claim and having your medical expenses and other losses covered.
Is There a Statute of Limitations for Head Injury Lawsuits in Philadelphia?
Yes, there is a statute of limitations for head injury lawsuits in Philadelphia, which is governed by Pennsylvania state law. The statute of limitations sets a time limit for filing a lawsuit. It is crucial to be aware of this deadline, as not filing your lawsuit before the deadline can result in losing your right to recover compensation.
In Pennsylvania, the statute of limitations that applies to most personal injury lawsuits, including brain injury lawsuits, is generally two years from the date the injury occurred. This means that you have two years from the date of the accident or incident that caused your head injury to file a lawsuit against the responsible party.
However, there are some exceptions to this general rule that may extend or shorten the time limit in certain circumstances:
- Discovery Rule: If the head injury is not immediately apparent or discoverable, the statute of limitations may be extended. In such cases, the two-year clock begins when the injury is discovered or reasonably should have been discovered.
- Minors: If the person who suffered the head injury is a minor (under 18 years old) at the time of the incident, the statute of limitations does not begin to run until they turn 18. This means that they have until their 20th birthday to file a lawsuit.
- Government entities : If the defendant is a government entity, such as a city, county, or state agency, the time limit for filing a claim or lawsuit may be shorter. In Pennsylvania, you generally have six months to file a written notice of your claim with the government entity before filing a lawsuit.
Keep in mind that while the statute of limitations provides a strict deadline for filing a lawsuit, it is generally advisable to initiate your claim well before this time limit expires. We suggest speaking to a lawyer as soon as possible to ensure your rights are protected. Call us today if you need legal advice about any type of neurotrauma or you are looking for back injury lawyers in Philadelphia.
Psychological & Emotional Impact of TBIs
A traumatic brain injury can be particularly difficult to live with, not only for the injured person, but for their family and friends as well. While a person with a TBI may have to figure out how to live with cognitive impairment, memory loss, and physical disabilities, their loved ones have to watch someone they care for deeply struggle with daily activities. People with traumatic brain injuries often need ongoing skilled care and support as a result of their neurological damage, which is absolutely devastating. While there are many uncertainties in the aftermath of a catastrophic accident, one thing is certain, the toll it takes goes far beyond mere medical expenses.
If you or a loved one has sustained a TBI or other neurotrauma as a result of someone else’s negligence, you don’t have to just accept it. You have legal recourse, and hiring an attorney to advocate for you is the first step. Although nothing can undo the accident that caused your injuries, filing a lawsuit and getting compensation in the form of a settlement or favorable verdict will go a long way toward holding the people responsible accountable for their actions. Call us today if you need construction accident lawyers in Philadelphia or any other type of legal advice about a personal injury claim.
How Philadelphia Injury Lawyers P.C. Can Help with Your TBI Claim
A Philadelphia brain injury attorney can assist you in evaluating the complete extent of your damages and constructing a robust case to pursue the maximum available compensation, whether that comes in the form of a settlement or a verdict in your favor. We can collaborate with medical professionals, economists, and other experts to ensure that all aspects of your catastrophic losses are accurately documented and presented in your claim.
At Philadelphia Injury Lawyers P.C., our brain injury attorneys in Philadelphia are devoted to advocating for the rights of TBI victims and their families. We comprehend the profound impact that a brain injury can have on every facet of your life, and we are dedicated to delivering compassionate, individualized representation to help you attain the compensation you are entitled to.
Our attorneys will oversee every aspect of your case, from investigating the cause of your injury and gathering evidence to negotiating with insurance companies and representing you at trial, when necessary. We work on a contingency fee basis, meaning you won’t owe us any legal fees unless we recover compensation for you.
How to File a Brain Injury Lawsuit in Philadelphia, PA
When you’re deciding whether or not you want to file a Philadelphia brain accident claim, you may be wondering what to expect during the process. Some of the steps of a personal injury claim in Pennsylvania may include:
Investigation and Gathering Evidence
Your brain injury attorney will conduct a comprehensive investigation of your case to establish liability and collect evidence to bolster your claim. This may include examining medical records, interviewing witnesses, consulting with experts, and scrutinizing accident reports or other pertinent documents. The objective is to construct a case that showcases the severity of your injuries and the negligence of the liable party.
Filing the Lawsuit
This process entails drafting a complaint that delineates the specifics of your case, including the parties involved, the extent of your injuries, and the compensation you are pursuing. The complaint will then be submitted to the relevant court, and the defendant will be served with a copy of the lawsuit.
Discovery and Pre-Trial Proceedings
Throughout this period, both parties exchange pertinent information and evidence related to the case. This can involve depositions, interrogatories, and requests for documents. Additionally, pre-trial proceedings, including motions and hearings, may occur to address any disagreements or matters before the trial.
Settlement Negotiations or Trial
Many cases involving brain injuries are settled through negotiation before going to trial. Your attorney will endeavor to secure a fair settlement for you, taking into account the severity of your injuries, medical costs, lost wages, and other losses. If no settlement is reached, your case may advance to trial, during which your attorney will present evidence and advocate for your case before a judge or jury.
Resolution and Appeals
If your case goes to trial, the judge or jury will render a verdict, and you may be awarded damages. If either party is unsatisfied with the outcome, they may choose to appeal the decision to a higher court. Your brain injury attorney will guide you through the appeals process and fight for your rights and interests.
With Philadelphia Injury Lawyers P.C. by your side, you can focus on your recovery while we fight for the justice and financial support you need to move forward after a traumatic brain injury.
How Long Does it Take to Settle a Head Injury Claim in Philadelphia?
The timeline for settling a head injury claim in Philadelphia can vary widely depending on the specific circumstances of the case. Head injuries, particularly traumatic brain injuries (TBIs), can be complex and may require extensive medical treatment and rehabilitation. This complexity can extend the time needed to settle the claim.
Several factors can influence the duration of the settlement process:
- Severity of the head injury: More severe head injuries, such as moderate to severe TBIs, may take longer to settle. If your case involves severe injuries, memory loss, or significant cognitive impairment, you may wait until the claimant reaches maximum medical improvement (MMI) to ensure that all future medical costs and potential complications are considered in the settlement.
- Medical treatment and recovery: The length of the claimant’s medical treatment and rehabilitation can significantly impact the settlement timeline. It’s essential to have a clear understanding of the current and future medical needs before finalizing a settlement.
- Liability investigation: If there are disputes regarding liability for the accident that caused the head injury, the claim may take longer to resolve. Your lawyer will need to gather evidence, interview witnesses, and consult with experts to build a strong case and prove liability.
- Insurance company negotiations: Insurance companies may attempt to minimize the payout for a head injury claim, particularly if the injury is severe. In caes like these, it may not be advisable to accept their first settlement offer. Negotiations with the insurer can take time, especially if they employ delay tactics or are uncooperative.
- Legal complexity: Head injury claims can involve complex legal issues, such as determining the appropriate parties to sue or navigating multiple insurance policies. These complexities can extend the settlement timeline.
- Litigation: If a fair settlement cannot be reached through negotiations, the case may need to go to trial. The litigation process, including discovery, pretrial motions, and the trial itself, can add several months or even years to the timeline.
Your personal injury lawyer will be able to provide a more accurate estimate based on the unique aspects of your case and will work to ensure that you receive full and fair compensation for your head injury. Our team will be there to support and advise you throughout the process.
Talk to a Brain Injury Lawyer in Philadelphia for Free
If you or a loved one has experienced a brain injury because of another person’s negligence, seek legal advice from a Philadelphia brain injury attorney. At Philadelphia Injury Lawyers P.C., we comprehend the significant effects a brain injury can have on your life, and we’re dedicated to assisting you in navigating the intricate legal procedure to obtain the compensation you’re entitled to.
Our compassionate team of brain injury attorneys is ready to fight for your rights and hold the responsible parties accountable. We offer free, no-obligation consultations to discuss your TBI case and provide you with the information you need to make informed decisions about your future. Don’t wait to get the legal support you need.
Call Philadelphia Injury Lawyers P.C. today or reach out to us through our online contact form to schedule your free consultation with a dedicated brain injury lawyer who will prioritize your needs and work tirelessly to secure the best possible outcome for your case.
