According to the Centers for Disease Control and Prevention (CDC), every year upwards of one million people in the US suffer a brain injury. At its core, a brain injury is damage that causes either temporary or permanent functional difficulties in the brain, possibly resulting in death. Here are 5 things you need to know about brain injury litigation.
File a Lawsuit
Depending on the seriousness of your injury, and the extent to which the injury has negatively affected your life, you may be eligible for a substantial damage award. With serious brain injuries, you may require continuing and long-term therapy. Additionally, your injuries may preclude you from work, or reduce your workplace efficiency.
In preparing your case, an experienced attorney will ask you questions about how your head or brain injury occurred. It is common for brain injury sufferers to experience memory loss when it comes to the events surrounding the injury, so do not worry if you cannot recall details of the accident. The important thing is to be completely honest with your lawyer and gather as much information as you can from other sources like witnesses, accident reports, and newspaper articles.
Apply for Disability
In the case of moderate or severe brain injury, families should consider applying for social security disability immediately. If the patient recovers to the point of not needing such assistance, it can be stopped. Currently, the system is backed up and the application needs to be put in as soon as possible to avoid long periods without medical funding.
Recovery Takes Time
The time it takes for a TBI patient to make a full recovery, assuming that a full recovery is even possible, depends on several factors: the severity of the injury, the presence of pre-existing conditions, the patient’s social support system, etc. Since no brain injury is alike, it is highly advised that you consult with both a qualified physician and an experienced attorney to get a sense of how long your recovery will take.
Statute of Limitations
Though it is best to file a lawsuit as soon as possible, your claim may not necessarily be destroyed. You may be able to rely on your state’s discovery rule: essentially, the statute of limitations does not begin to run until you actually discover or know about the injury.