When someone else’s negligence or wrongful actions caused your traumatic brain injury (TBI), you should file a claim. Each state has a statute of limitations for taking legal action against the at-fault party; this is generally two years, but it ranges between one year and six years, depending on the state. If you miss this deadline, you may lose the opportunity to recover all your losses.
An experienced brain injury lawyer in Cincinnati will urgently treat your case and file your documents on time. The sooner you seek legal help, the more time your attorney will have to work on your claim.
When Someone Else’s Negligence Caused Your Traumatic Brain Injury
If you suffered a TBI in an accident caused by someone else, you have a right to recover your losses. The law holds individuals and entities accountable for the harm they cause through careless or reckless actions.
Negligence occurs when a person fails to act with the level of care a reasonable person would in similar circumstances, leading to harm. For instance, if drivers run a red light and cause a car accident, their negligent behavior makes them legally responsible for the resulting injuries.
Compensation is intended to make the victim whole by covering medical expenses, lost wages, pain and suffering, and other damages caused by the injury. This legal principle ensures victims are not left bearing the financial burden of an injury that was not their fault.
Most traumatic brain injury cases are resolved through insurance claims. A brain injury attorney will negotiate with the insurance company and ensure your long-term injuries are considered in the settlement. If adjusters refuse to be reasonable, the fight can continue in court.
For a free legal consultation, call 614-481-6000
After Your Condition Has Stabilized
This means waiting until your doctors have a clear understanding of your brain injury and can give a prognosis for your recovery. Once you are stable, you can provide detailed medical records and evidence of the injury’s full impact.
The key benefit of this approach is that it creates a complete, well-substantiated record of the brain injury’s full impact on your life. This puts you in a stronger position to secure appropriate compensation.
Before the Statute of Limitations Expires
Each state has a law known as the statute of limitations, determining how long victims must file a lawsuit. Depending on your state, you could have as little as one year or as much as six years to act. However, most states (including Ohio) have a two-year window from the accident date.
After reviewing your case, a brain injury lawyer can determine precisely how much time you have to take legal action. Certain factors can shorten or extend the statute. For example, you might have more time if the victim is a minor or the negligent party is a government entity.
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Time Is of the Essence After a Brain Injury
Even though you want the claim to include all the necessary medical documentation and evidence, you can’t afford to wait too long to start the process. With each day that goes by after a brain injury, critical information can be lost or become more challenging to obtain.
Physical evidence can get misplaced or damaged, and witnesses who saw what happened may become more difficult to track down. The longer you delay filing your claim, the more vital details that could strengthen your case may slip away.
If you call a brain injury lawyer immediately after the accident, they can access fresh evidence to strengthen your claim by:
- Obtaining statements from any eyewitnesses while their memories of the event are still clear.
- Securing video footage or photos from the scene before it gets deleted or the quality degrades.
- Inspecting the location or equipment involved in the accident while conditions are still the same.
- Gathering medical records.
The sooner you hire an attorney, the more time they can spend on your case. They will work with your doctors to fully assess the extent of your injuries and projected recovery timeline.
If a settlement is possible, having ample time allows your lawyer to engage in more thorough negotiations to secure the maximum settlement. Also, if your case goes to court, an attorney who has handled the case from the start will be much better prepared to litigate on your behalf effectively.
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An Experienced Personal Injury Lawyer Will Help You File a Brain Injury Claim
Cooper Elliott treats every brain injury claim with urgency and care. We understand how important financial support is for you and your family after a catastrophic injury. So far, we have recovered over $700 million for our clients. We have a history of successful case results, so you can trust us to get the compensation you need.
Being diagnosed with traumatic brain damage can feel overwhelming. But you don’t have to go through this difficult period alone. Our team treats clients like family, providing a supportive environment where everyone feels understood and valued.
Call or text 614-481-6000 or complete a Free Case Evaluation form
