Personal Injury Brain Injury Actions: Suing Someone

Personal Injury Brain Injury

The primary way to recover significant sums for the brain injury survivor is through(PI) personal injury brain injury actions actions, by suing someone. To recover in a Personal Injury Brain Injury lawsuit, the brain injury survivor must prove that someone wrongfully caused the brain injury.

Car accidents are the best example of a Persnal Injury brain injury case. If someone other than the brain injury survivor caused the wreck, then the survivor can make a claim. If the brain injury survivor caused the accident, then no lawsuit can be brought. In many car wreck cases, both drivers may be partially at fault. If the brain injury survivor was the driver, then the brain injury survivor can recover if the other driver had more fault. If it is difficult to determine who might have the greatest blame, a claim should be pursued.

Passengers always have a right to make a claims, perhaps against both drivers and each drivers respective insurance companies.

Other examples of Personal Injury brain injury(PI) cases involve slip and falls, product liability, industrial injuries and medical malpractice. If the injury is caused by someone else’s fault, a claim should be looked into. An experienced PI lawyer should be consulted.  Often cases against parties that are not obviously responsible for the injury may be viable. For example, governments can be sued for poor roadway design, utilities for the placement of poles near the roadway.

In most states, a  Personal Injury brain injury(PI) accident can not be brought against the employer of the injured person, as the worker comp benefits are the sole option for compensation. But that doesn’t mean that just because an individual was injured at work, no one else can be sued.  For example, a brain injury survivor injured on a defective machine, might be able to sue the manufacturer of the machine for defective design.

A Personal Injury Brain Injury(PI)  case often starts with an effort to negotiate a settlement without a lawsuit. But in today’s world, if it is a serious claim, it will likely require litigation.

Depending on the net worth or insurance of the wrongdoer, personal injury claims may provide a greater recovery than social security benefits or a workers comp claims. If the other elements of a PI case can be proven, a brain injury survivor is entitled to be compensated for all of pain and suffering and disability incurred by the brain injury survivor. Medical bills are may be recoverable, as well as any past and future loss of earning capacity. Brain injury damages are complicated and may be best suited to the full process of proof that litigation involves.

The problem in most PI cases for the survivor will be finding enough insurance coverage to fully compensate for the damages caused by the brain injury. The experienced PI lawyer will look at several different options to expand the insurance and compensation available. There may be multiple insurance policies available. If someone in the survivor’s household had underinsured coverage, this may afford more coverage.

The mistake in too many PI cases is that an adjuster convinces the injured person to settle for a relatively modest sum, before the full extent of damage is clear. When faced with catastrophic medical bills, the promise to pay all the medical bills may sound good.   Regardless of how much the insurance adjuster how generous they seem, the insurance adjuster is not your friend. He or she is not offering to pay out of the goodness of his or her heart, but to avoid paying substantially more if a lawsuit is brought.

Don’t sign anything until you have at least consulted with a personal injury lawyer, experience in brain injury. Most PI attorneys will not charge for the first consultation.

A brain injury attorney can be of great help to the survivor in recovering compensation in a Personal Injury brain injury case. It makes sense to at least talk to an experienced brain injury attorney to see what they could do for you before trying to sort this all out on your own.


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by Attorney Gordon Johnson