How to Recover Financially from a Brain Injury
As brain injury lawyers in Cleveland, Ohio, who have decades of experience, we know that such injuries have many causes. These include, but are not limited to:
- Traffic accidents
- Physical assaults
- Surgical errors
- Errors during labor and delivery
- Medication mistakes
- Workplace accidents
- Electric shocks
The symptoms of brain injuries are also numerous and include headaches, dizziness, nausea, mental confusion, poor balance, loss of muscle control, memory loss, seizures and tremors. In the worst cases, victims suffer paralysis, coma or even death. Often, even when the triggering even appeared to be minor, brain injury symptoms persist for months or years. Victims then find it difficult to return to their jobs and live in pain while struggling physically, financially and mentally.
When the incident that leaves a person with a brain injury can be blamed on the negligence, recklessness or intent of someone else, the victim can file an insurance claim or civil lawsuit. Receiving a settlement or securing a jury award can go a long way toward helping a brain injury victim recover financially from having to pay doctors’ bills, go through therapy, spend time out of work or deal with a permanent disability.
Each case will be different, of course. Filing a workers’ compensation claim differs greatly from suing an attacker for what is legally termed an intentional tort. One thing that will be true each time is that the plaintiff — the person who suffered the brain injury — must show the following three things:
- A brain injury occurred, which generally requires hospital and ER records, as well as notes from therapists;
- The brain injury produced symptoms that required medical treatment and, in some, way interfered with the victim’s ability to live his or her accustomed life, which usually requires an official statement from the victim and testimony from the victim’s friends and family members; and
- The individual or company named as the defendant/responsible party did something that led to the injury.
Evidence of negligence, reckless or intent can come from police reports, regulatory reviews, witness testimony, expert analyses and interviews with the defendant that are conducted under oath.
Partnering with a caring and dedicated Cleveland brain injury lawyer will help the victim prepare all the proper paperwork, deal with the defendant’s legal representatives, and collect, organize and present necessary evidence.
It is important to understand that a spouse, adult child, close relative or legally designated executor can act on the behalf of a brain injury victim who is cannot do things like read and sign contracts or speak in court. Ensuring that the brain injury victim is represented only by individuals who will act in his or her best interest is something else an ethical plaintiff’s attorney will strive to ensure.
If you believe you have grounds for filing a brain injury insurance claim or lawsuit in Cleveland, Ohio, consider reaching out to Agee Clymer Michell & Portman. Our lawyers offer free consultations to potential clients, and they can visit you if your health or other considerations make coming into our offices impractical.
Call us at (800) 678-3318 to schedule an appointment, or connect with us online by filling out this contact form.