The human brain is the most complex computer ever designed, so much so that even cutting-edge medical researchers still do not fully understand how it works or how to correct every possible problem that can occur within it. Unfortunately, that lack of knowledge, combined with the brain’s inability to heal itself from certain types of trauma, means that traumatic accidents resulting in serious brain trauma can often have life-altering or even life-threatening consequences.
If you or a close family member suffered a traumatic brain injury (TBI) as a direct result of someone else’s negligence, you should strongly consider contacting a Crown Point traumatic brain injury lawyer from the Law Offices of David W. Holub. Our talented catastrophic injury attorneys know exactly how difficult it can be to sue over this unique type of injury, and we have the skills and experience necessary to get you paid fairly for your losses.
Proving Someone Else at Fault for a TBI
Whether caused by a traffic collision, a fall, a falling object, or another type of accident, anyone who suspects a traumatic brain injury should prioritize immediate medical evaluation. TBIs are complex, and one of their most dangerous characteristics is the potential to present no immediate or obvious symptoms. Prompt evaluation at a hospital or urgent care clinic could be essential to identifying and mitigating long-term damage from a serious but initially subtle injury.
After that, the focus should be on determining who was directly at fault for the injury—in other words, who caused the injury to happen in the first place through a specific reckless or careless act. Guidance from a seasoned Crown Point traumatic brain injury attorney could be crucial at every stage of a TBI claim, but especially when it comes to collecting and making good use of evidence like witness testimony, medical records, expert input, and photos/videos from the accident scene.
Getting Around Legal and Procedural Roadblocks
Legal counsel could also help navigate around obstacles that state law might put in the way of someone trying to file suit over a traumatic brain injury. To start with, a TBI lawyer in Crown Point could ensure the legal process formally begins before the deadline set by the statute of limitations expires. Under Indiana Code §34-11-2-4, most people who get hurt through another person’s negligence have two years at most to file suit after the date of their initial injury, even if that injury will continue harming them for the rest of their life.
In addition, a capable legal professional can fight accusations of comparative fault made against someone who has suffered a TBI in an accident. Otherwise, a court could assign that person a percentage of fault for the role they played in causing their own injury through their own negligence. Then, in accordance with Indiana Code §34-51-2-5 and I.C. §34-51-2-6, that court could reduce the total amount of money that person can recover for their damages by that same percentage, or even bar them from recovery altogether in certain situations.
Speak Wth a Crown Point Traumatic Brain Injury Attorney About Your Case
Recovery from brain damage is often a difficult process, even under the best circumstances. In more severe cases, long-term improvement may be unlikely. In either situation, a person injured through another’s negligent conduct could pursue civil compensation by establishing legal fault.
You also have help available with enforcing that right to recovery from a skilled Crown Point traumatic brain injury lawyer with a long track record of case success. Contact us at the Law Offices of David W. Holub today to learn what we could do for you.