Recovering from a head injury can be a challenging, slow, and painful process. After a head injury, you may be suffering from symptoms that range from dizziness and memory loss to the complete inability to function on your own. You may also be frustrated if you are experiencing this due to a preventable accident that should never have happened.
In the aftermath of a head injury, support from family and friends can play a critical role in the recovery process. You could also benefit from having the legal support of a Philadelphia head injury attorney who can protect your right to compensation so you will have the financial resources you need to move forward.
Philadelphia Injury Lawyers P.C. will be your partners in the fight for compensation after an accident caused by another party’s negligence. To learn more about your rights in Pennsylvania, call us now or contact us online.
Head Injuries Have Serious Impacts on Victims and Their Loved Ones
Our personal injury lawyers have seen firsthand the devastating effects a head injury can have on victims and their families. Some individuals may never fully return to their pre-injury state. They may need to adapt to a “new normal.” Support from family, friends, healthcare professionals, and Philadelphia personal injury lawyers can help you adapt.
Head injuries can cause personality changes, isolation, and stress as family members struggle to adjust to their new roles as caregivers. Victims may lose their ability to work and to support their families, or they may need to undergo years of costly vocational rehabilitation to train in a new career if they aren’t able to return to the type of work they did before the accident.
Ultimately, the journey of recovering from a head injury is a collaborative one that requires a strong network of support. By working together and drawing on the experience and resources of healthcare professionals, personal injury lawyers, and community organizations, victims and their loved ones can find ways to adapt, heal, and build fulfilling lives in the wake of a head injury.
What Compensation Can You Get From a Head Injury Case?
In a personal injury claim, the victim of a head injury can seek various types of damages to compensate for the losses they have suffered. These damages can be categorized into economic (monetary) and non-economic damages. Here’s a closer look at the types of damages a head injury victim may seek:
- Medical expenses: This includes all medical costs related to the head injury, such as emergency room treatment, hospital stays, surgeries, diagnostic tests, medication, and rehabilitative therapy. It also includes any future medical expenses that may be necessary for ongoing treatment or care.
- Lost wages: If the head injury prevents the victim from working, they can seek compensation for the wages they have lost during their recovery period. This includes both past and future lost wages if the injury results in a long-term or permanent disability that affects their earning capacity.
- Pain and suffering: Head injuries can cause significant physical pain and emotional distress. The victim can seek compensation for the pain and suffering they have experienced as a result of the injury. This can include physical discomfort, emotional trauma, mental anguish, and loss of enjoyment of life.
- Loss of consortium: If the head injury affects the victim’s relationship with their spouse, they may be able to seek damages for loss of consortium. This includes the loss of companionship, affection, and intimate relations.
- Disability and disfigurement: If the head injury results in a permanent disability or disfigurement, the victim can seek compensation for the impact this has on their life. This may include the cost of adaptive equipment, modifications to their home or vehicle, and the emotional distress caused by the disability or disfigurement.
- Property damage: If any personal property, such as a vehicle, was damaged in a car accident that caused the head injury, the victim can seek compensation for the cost of repairs or replacement.
- Punitive damages: In rare cases the court may award punitive damages. Such damages are meant as a punishment for the defendant and to deter others from engaging in similar behavior in the future.
It’s important to note that the specific damages available in a head injury claim may vary depending on the unique circumstances of the case. An experienced personal injury lawyer can help assess the damages applicable to your case and fight for full and fair compensation for your losses.
Why it’s Important to Seek Justice Through a Philadelphia Head Injury Claim
Pursuing a head injury claim in Philadelphia can help the victim secure the financial resources they need to cover the extensive medical expenses, lost wages, and other costs associated with their injury. Head injuries often require ongoing medical treatment, rehabilitation, and support services, which can place a significant financial burden on the victim and their family.
However, seeking justice through a head injury claim is about more than just financial compensation. It’s also about holding the responsible party accountable for their actions and sending a message that negligent or reckless behavior will not be tolerated. When individuals or entities are forced to face the consequences of their actions, it can serve as a deterrent to future misconduct and help create a safer environment for everyone.
In addition, pursuing a head injury claim can provide a sense of closure and empowerment for the victim. The aftermath of a head injury can be a difficult and emotionally challenging time, and the legal process can be a way for the victim to regain some control over their situation. By standing up for their rights and seeking justice, the victim can feel a sense of validation.
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 head 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.
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. 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. 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.
Talk to a Head Injury Lawyer in Philadelphia for Free
If you or a loved one has suffered a head injury due to someone else’s negligence in Philadelphia, seek the guidance and support of an experienced head injury lawyer.
At Philadelphia Injury Lawyers P.C., we understand the physical, emotional, and financial challenges that head injury victims face, and we’re here to help you navigate the complex legal process and fight for the justice and compensation you deserve.
Our Philadelphia head accident lawyers work on contingency fees, which means you won’t owe us anything unless we recover compensation for you. Don’t wait to get the help you need – call Philadelphia Injury Lawyers P.C. or contact us online today to get your free consultation
