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How Can a Lawyer Help a Brain Injury Victim?

Posted in Brain Injury on November 10, 2021

If you or a loved one gets diagnosed with a brain injury after a preventable accident in Dallas, Texas, hiring a personal injury lawyer can help you in many different ways. If you are entitled to bring a brain injury claim against one or more parties for causing your injury, an attorney can stand by your side through every phase of the legal process. A skilled and experienced brain injury lawyer in Dallas can do many things to help you through this difficult time.

Preserving and Collecting Evidence

An attorney can take the necessary steps to investigate the incident that gave you a brain injury and search for signs or evidence of fault. Evidence is crucial for your brain injury lawsuit. It refers to information, photographs, statements and other data that proves that what you are claiming is true. To win a personal injury lawsuit, you need enough clear and convincing evidence to show that the defendant named is more likely than not responsible for causing your brain injury. This is known as a preponderance of the evidence. An attorney can help you collect this evidence before it is too late.

Filing a Claim

Filing a brain injury claim in Texas has an involved process. You must acquire, fill out and submit the required paperwork before the state’s deadline, known as a statute of limitations. This deadline is two years from the date of the injury, in most cases. An attorney can take care of the paperwork and filing requirements on your behalf so that you don’t make any mistakes that could interfere with your ability to recover financial compensation.

 

Help a Brain Injury Victim

Hiring Brain Injury Experts

Many brain injury cases require a relevant medical expert, such as a neurologist or neurosurgeon, to testify on the plaintiff’s behalf. Medical experts can provide testimony to support key case elements, such as the type of brain injury suffered, the symptoms the victim is experiencing and the victim’s prognosis for recovery. An attorney will have connections to qualified medical experts in your region to help strengthen your claim.

Establishing the Damages

In addition to proving that a defendant is at fault for causing a brain injury in Texas, you will also be required to prove your damages. These are the losses that you suffered in the accident or because of your injury. They may include:

  • Past and future medical expenses
  • Losses of income and earning capacity
  • Pain and suffering
  • Emotional damage
  • Psychological harm
  • Permanent disability
  • Lost enjoyment or quality of living
  • Out-of-pocket costs
  • Punitive damages

An attorney can help you prove your losses through evidence such as photographs, medical bills, an injury journal, expert testimony and eyewitness statements. Then, your attorney can argue for maximum financial compensation for these damages using aggressive legal strategies.

Negotiating a Settlement or Going to Trial

It can be difficult to go up against an insurance company on your own as a brain injury survivor or family member. Insurance companies use many tactics to take advantage of clients, including undervaluing injuries and rejecting valid claims. An attorney can go up against an insurance company on your behalf, either negotiating for a fair settlement or taking your brain injury case to trial, if necessary. Unlike an insurer, an attorney will want to maximize your financial recovery, as he or she won’t get paid unless you do.

Providing Emotional Support

One of the most important benefits of hiring a personal injury lawyer during a brain injury lawsuit is receiving emotional support. Your lawyer will be there to answer your questions, provide counsel that you can trust and protect your best interests every step of the way. Your attorney will be your advocate in all things. You can focus on your recovery or on building a better future for you or your loved one while an attorney handles the legal side of your case. Hiring a lawyer can give you greater peace of mind when you need it the most.

To learn more about how a brain injury attorney can help you, contact The Law Firm of Aaron A. Herbert, P.C. today.