Whether it’s you or a loved one, a sudden brain injury is a life changing event. If you feel that another party is responsible, whether due to intentional harm or negligence, you might be eligible for compensation. This is also true if you are filing on behalf of a family member. If a loved one is not in the right state of mind due to the incident, you can consult with a brain injury lawyer to learn about your family’s options.
Question: Who Can Make a Claim?
In any claim that involves a life-threatening injury, it’s essential that your family speaks to an experienced lawyer to determine which relatives are eligible to make the claim for compensation. Typically, those relatives include parents or legal guardians, grandparents, and spouses. A parent or legal guardian must make the claim if the individual with the brain injury is a minor.
Question: What Expenses Can Your Family Seek Compensation For?
The injured party can pursue both monetary damages as well as compensation for future expenses. If your loved one has passed away, you can file a wrongful death suit. Depending on the specifics of the case, you and your loved one may be able to receive compensation for:
- Short-term and long-term treatment expenses
- Rehabilitation expenses
- Reduced earning capacity and lost income
- Emotional pain and suffering
- Property damage
In order to receive compensation, your lawyer must prove that:
- Your loved one has a brain injury
- The brain injury was not pre-existing
- The brain injury a result of negligent actions and/or recklessness of the other person(s) or entity
It’s also helpful to demonstrate how much your family has suffered due to the injury, both emotionally and financially.
Question: What role does the specialist doctor play?
Right from the start, the specialist doctors involved in treating the brain injury patient play an important role. It’s important that you and your loved one follow the advice of the specialist doctors, since he or she will be testifying if the case goes to trial. During doctor visits, make detailed notes on everything the specialist doctor says. The injured party should follow the specialist’s recommendations and take the medicine exactly as it is prescribed.
Question: What role does the family doctor play?
Right from the start, the family doctor will play an extremely important role. The family doctor is the only medical physician who would have seen you prior to the accident and know your medical history first hand. As such, he or she will be the most important witness on your behalf at trial. It’s important that you and your loved one follow the advice of the doctors, but also keep the family doctor informed, since he or she will be testifying if the case goes to trial. During doctor visits, make detailed notes on everything the family doctor says.
Question: What about wrongful death claims?
If a loved one dies as a result of a brain injury caused due to negligence, whether from an irresponsible driver or due to deliberate acts of others, it will need to be proven that this was indeed the cause. It will also have had to cause measurable damages, such as financial problems for the surviving loved ones if the deceased was the primary earner. If minors are involved, a guardian may be appointed to look after the well-being and interest of the children and their future.
Question: What does evidence gathering involve?
Both sides will be required to gather evidence. Many people will be involved in this process, including you, the injured person, doctors, and witnesses. Keep in mind that the other party will try to gather evidence that they can use in their favour. Pictures of the incident should have been taken as soon as it occurred. If they are able, the injured should take notes of the symptoms they experience every day, such as headache intensity, frequency, and pain. If not, then you must try to take the notes on their behalf. Keep track of every single expense involved in the case. Witnesses should be interviewed as soon as possible by your counsel.
To learn more about your family’s options, talk to a personal injury lawyer today.