If you or a loved one experience a brain injury, your life may never be the same. The road to recovery can be long and costly.
Brain injuries and other head trauma can often result from someone’s negligence or even an intentional act. In such cases, you could have the right to compensation to cover the damages.
When Can You Get Compensation for Brain Injuries?
You or a loved one may be able to file a personal injury claim if you suffer an injury due to another person’s carelessness. Whether you can recover damages largely depends on if you have any responsibility for the incident that caused the harm.
Massachusetts is a modified comparative negligence state and examines each party’s percentage of negligence for a wound. Injured parties have a 51% bar to recovery of damages. In other words, you can likely claim compensation as long as you are less than 51% at fault for the injury.
Claimants in personal injury cases must be able to establish negligence on the defendant’s part. If you are an injured party, you have to prove the following points:
- The defendant owed you a duty of care.
- The defendant breached that duty of care.
- That breach was the direct cause of your brain injury.
- You sustained damages because of the breach of duty.
The defense typically uses every tool to minimize or counter the plaintiff’s claims. The assistance of a competent brain injury lawyer can be invaluable in fighting for maximum compensation.
What Types of Damages Can You Recover After a Brain Injury?
Brain injury victims can fight for economic and noneconomic damages.
Economic Damages
If you sustain a brain injury, you can sue for economic damages to cover specific payments or losses due to the injuries. You have to provide clear documentation that demonstrates the financial cost of the harm.
You should produce bills for medical treatment as well as paperwork that shows your loss of current wages, loss of future wages and the estimates for future medical expenses. Your brain injury lawyer helps you collect and organize this evidence, whether for a court case or settlement proceedings.
Noneconomic Damages
Brain injuries can cause substantial pain and suffering, emotional distress, loss of companionship and loss of enjoyment of life. You have a right to request compensation for these intangible losses and emotional injuries that are not financial in nature.
Noneconomic damages are notoriously difficult to quantify. The final figure can vary considerably depending on the circumstances. A competent brain injury attorney understands the critical factors and helps you find ways to maximize your payout for emotional and mental trauma.
What Are Common Causes of Brain Injuries?
One million Americans receive treatment for brain injuries every year, and over 5 million have a disability due to a traumatic brain injury. These wounds can occur from common activities and incidents, including:
- Slips and falls
- Accidents or collisions during sporting events
- Motor vehicle, cycling and pedestrian accidents
- Accidents at work
- A violent attack
If you or a loved one experience any of these situations, you should get prompt medical attention to determine whether the incident caused a brain injury. Discussing your situation with the team at Jason Stone Injury Lawyers can help you decide what legal action to take next.
How Long Do You Have To File a Claim for a Brain Injury?
Massachusetts puts a limit of three years on personal injury claims against private individuals or entities. The three-year time limit starts from the date the injury occurred.
Tort Claims Against a Government Entity in Massachusetts
The process is different if the claim is against a government entity. You only have two years from the date of the injury to file a claim. You must wait for the institution to accept or reject the claim.
The public entity will decide to pay, settle or reject the claim within six months. If the government rejects the claim, you can file with the Court of Claims within three years of the date of the injury to pursue your case further.
Medical Malpractice Cases
In medical malpractice suits, injured parties have three years from the moment they discover a brain injury or three years from when they should have realized the negligence caused the injury. This distinction can be difficult, which is why victims rely on the help of a qualified brain injury lawyer.
Circumstances Involving Children
The statute of limitations can vary with a minor child. The state delays the start of the three-year limit until the child’s 18th birthday, except in medical malpractice cases.
The three-year limit remains in place for a child’s brain injury from medical malpractice. The clock starts from the date the parents realized malpractice occurred or when they should have realized it occurred.
However, if a child is under six, the parents have until the child’s ninth birthday to bring the claim. Because of the confusing nature of these laws, parents of brain injury victims in medical malpractice situations do well to get prompt legal help.
How Do Court Awards and Out-of-Court Settlements Differ Regarding Brain Injury Compensation?
A competent lawyer can often help you get maximum compensation from a settlement without the additional time, expenses and stress that court cases bring. Your lawyer can negotiate with insurers and defendants on your behalf while you focus on recovery. If an insurance company or defense team is unwilling to provide a fair offer, litigation may be the ideal option.
You should be wary of accepting the first offer that an insurance company or a defense team presents, as their desire is to pay out as little as possible. Even when negotiating with your own insurance company, you can rely on the help of an experienced brain injury lawyer to fight for maximum compensation.
How Can Jason Stone Injury Lawyers Help You Get Compensation for a Brain Injury?
A brain injury is a serious issue that requires a substantial investment of time and money for recuperation. When you or a loved one needs legal representation that will fight for every last cent, call Jason Stone Injury Lawyers.
Our team has recovered over $60 million for our clients and continues to fight for justice for brain injury victims. Before you deal with insurers on your own, make sure you phone Stone at 1 (800) 577-5188 or contact us on our website.
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