The 3 Things You Need to Know about Brain Injury Lawsuits

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If you or a loved one has experienced a traumatic brain injury at the hands of someone else—whether at work, in an auto accident or by any other means—you may be wondering how you will pay your bills. Here are three basic things you need to know:

Workman’s Comp Vs. Personal Injury

Many workplace accidents are covered under workman’s comp. Workman’s comp is a no-fault insurance system under which an employee receives compensation, usually in return for agreeing not to file a lawsuit against his or her employer.

But if negligence is involved, a personal injury claim may be the proper response. A workplace injury lawyer can help you determine whether you should file a claim for compensation or pursue a personal injury lawsuit.

Determining Compensation

Compensation depends on a number of factors, so it’s impossible to say what dollar amount you or your loved one might receive. In general, compensation might cover medical costs, lost income, employment rehabilitation (if your brain injury prevents you from returning to the same job) and pain and suffering. A spouse may sometimes file a separate claim for loss of consortium, which includes comfort, love and sexual interaction.

Finding a Brain Injury Attorney

OK, so there’s no special certification for a “brain injury attorney.” But you can seek out someone who has dealt with your kind of case before. A general personal injury lawyer can walk you through the process of obtaining the compensation you need and deserve, but brain injuries present specific medical and legal challenges that can be difficult to navigate without years of expertise.

Only about 4% of personal injury lawsuits in the United States go to court, so it’s likely that your personal injury claim can be settled out of court. But regardless, a personal injury lawyer can best represent you in the case of a debilitating accident that could have been avoided.

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