What to Expect if You File a Claim over a Brain Injury

Brain injuries in the United States are far from uncommon and can unfortunately be highly debilitating. Anything from a football game to a car accident can do damage to the brain, making each injury unique in its own way. What does remain a constant amongst most brain injuries is that victims often suffer life-long consequences. This is why so many individuals have the chance to recover compensation by filing a claim.

Depending on the circumstances surrounding your case, there may be numerous parties involved or just one negligent individual, such as in the case of a car accident. When large corporations are involved, like a hospital or other business, your case may become exponentially more complicated.

The first and most important step is to hire an attorney. Without one, you run the risk of settling for far less than you actually deserve or even walking away with no money at all. An experienced and trusted lawyer will put themselves on your side and fight for the best possible outcome.

What does negligence have to do with my claim?

No matter how your brain injury was caused, it is probable that you will be required to prove something called negligence. The insurance company wants to see that the person who you are claiming to be at fault – the defendant – demonstrated negligence, thus causing you to suffer a brain injury.

The successful outcome of your claim is based on your ability to prove four things:

  • The defendant was legally supposed to act with reasonable care
  • The defendant failed to act with reasonable care
  • The defendant's actions directly caused your brain injury
  • Your brain injury is definable according to the law

The more clearly you show proof of these four things, the better your chances of recovering compensation. In many brain injury cases, victims can feel that the odds are stacked against them. This is why having the legal counsel of an attorney can be a great benefit to your case.

At DeFeo & Kolker, LLC we believe in giving our clients the very best. Our personal injury attorneys have been fighting for the rights of Missouri residents for over 30 years. With awards and recognitions garnered over the years, we provide a superior level of legal counsel and representation.

Call our office to schedule your free case evaluation! We think you'll be glad you did.

Categories: Brain Injury Claim