A traumatic brain injury (also known as a TBI) is a common injury after many different types of accident. They affect millions of people each year and can have devastating consequences for sufferers and their families. Each year in the US, there are approximately 3 million brain injury cases reported, with some 300,000 of them requiring hospitalization. Overall, about 13.5 million people have disabilities related to or because of a traumatic brain injury. Not only do all these brain injury patients suffer pain, hardship, and stress, they also face financial strain since brain injuries can be extremely expensive to diagnose, treat, and recover from.
When somebody suffers a brain injury due to the negligence of another, it can be a traumatizing event that is often extremely difficult both on the individual and the family. A brain injury alone is enough to deal with, but when you add in the element of having to pursue compensation for someone’s wrongful actions things can get even more difficult. The brain injury attorneys at Sand Law LLC have years of experience helping clients to understand their rights and options, and if possible, to pursue compensation for the damages caused by their head and brain injuries.
We have a proven process and proven track record for helping brain injury victims file personal injury claims to get the money they need to cover their medical expenses, lost wages, and pain and suffering.
If you or a loved one has suffered a brain injury due to someone else’s negligence, we may be able to help you get compensation for your damages. Our goal is to make the legal process as easy on your as possible so that you can focus on your recovery while we worry about dealing with insurance companies.
How Does a Brain Injury Lawsuit Work?
The first step to filing a brain injury lawsuit is to understand that your brain injury must’ve been caused by another person’s negligence. This negligence could have been at the hands of another driver, a store owner or manager, a semi truck driver, a hospital, or any other party that negligently put you in harm’s way.
Once you are sure that negligence is involved, the law requires you to prove 4 things. An experienced personal injury will help you with this process. They are:
- 1. duty of care,
- 2. breach of that duty,
- 3. causation (of injuries)
- 4. and resulting damages.
The first element, duty of care, refers to the legal obligation that all people have to exercise a reasonable level of care to prevent the people around them from being harmed.
For example when you drive a car, you have a duty of care to drive safely and to not injure other people. Likewise, a store manager has a duty of care to keep their customers safe. Once you have established that the negligent party owed you a duty of care, then you can move on to proving that they breached that duty.
Proving that someone breached their duty of care involves showing that they behaved in some way that was negligent and put you in danger.
Using the examples from above, a driver who is speeding or driving drunk has breached their duty of care to the other drivers on the road. The store owner who is aware that there is a spill but fails to clean it up has breached their duty of care to their customers.
Causation is needed to show that the defendant’s negligence directly caused your injuries or damages. This is necessary to prove that the breach of duty caused your brain injury and that you did not have the brain injury before the incident.
And finally, you must prove that the incident resulted in damages. For example, you must prove that because of your brain injury you now have medical bills, lost wages, and other damages.
This is what the attorneys at Sand Law do every single day, helping brain injury clients just like you get compensation.
Proving a Brain Injury Using Medical Experts
Personal injury attorneys do not completely rely on their own expertise to win their clients’ cases. Often times we use medical experts and other qualified professionals to help strengthen our claims. At Sand Law, we work directly with medical experts to help demonstrate how a brain injury was both caused and is affecting our client’s life. This is essential to getting our clients the large verdicts that we are known for.
These experts, along with our attorneys, examine your medical records to create a clear link between the defendant’s negligence and your brain injury.
If you suffered a brain injury due to medical malpractice, we will use these medical experts to prove that the healthcare provider did not meet the proper level of care necessary.
Together, we will compile the evidence to prove your case so that we can get a proper settlement from the insurance companies or to win your case in court. Whether the case settles in negotiations or goes all the way to the jury, we will be ready.
Types of Brain Injury Cases
As we have mentioned, brain injuries are a common result of many different types of accidents and incidents. Our attorneys handle brain injury cases involving:
- car accidents,
- motorcycle accidents,
- truck accidents,
- bicycle and pedestrian accidents,
- medical malpractice,
- distracted driving,
- rideshare accidents,
- slip and fall injuries,
- birth injuries,
- workplace accidents,
- wrongful deaths,
- and many more.
Compensation for a Brain Injury
The whole point in filing a brain injury claim is to recover the money necessary to pay for the costs and damages involved with treatment and recovery. You can recover damages related to medical costs, like doctor bills, hospitals bills, surgery costs, and rehabilitation.
You can also recover damages associated with lost wages, including wages from missed time from work and wages from lost future earning potential.
Some non-economic damages may also be pursued, like pain and suffering, loss of enjoyment of life, and mental and emotional suffering. These damages are always more difficult to pursue because they do not have a clear dollar amount attached to them. An experience attorney can explain to you how your specific case qualifies for non-economic damages.
And finally, if a brain injury caused the death of your loved one, you can pursue compensation for the wrongful death. These damages may include the funeral costs, lost wages from the family member, and the pain and suffering caused by the loss.
Experienced Brain Injury Attorneys in White Bear Lake
If you or a loved one are dealing with a traumatic brain injury, or if you lost a loved one due to a negligent brain injury, you do not have to endure it alone. The experienced brain injury attorneys at Sand Law in White Bear Lake will advocate for you. Our lawyers have years of experience handling TBI cases and we are ready to help you get the most compensation for your case. Call our White Bear Lake office today for a free consultation at 651-291-7263 or by contacting us online.