The results can be catastrophic when the brain suffers even a seemingly minor injury. So, your life could be forever changed if you have suffered a traumatic brain injury. Therefore, it is important to recover the compensation you need to cover your costs and the financial burden you will likely experience due to what you have been through.
Get help holding the liable party accountable when you contact a Middleton brain injury lawyer at GED Lawyers today. Schedule your free consultation to determine how to seek maximum compensation for your suffering.
Common Types of Brain Injuries Victims Suffer
Brain injuries can take many forms. Even injuries that may initially seem minor can quickly turn devastating depending on which portion of the brain is injured. With that in mind, there are various types of brain injuries you could be diagnosed with following an accident in Middleton. Some of the more common of which include:
- Traumatic brain damage
- Brain hemorrhage
- Diffuse axonal Injuries
- Brain aneurysm
- Skull fracture
- Other head injuries
These are only a few of the more common types of brain injuries you could be diagnosed with following a devastating accident or incident. If you have suffered another type of head or brain injury not listed above, you may still have grounds for a case.
As long as your injuries have had a substantial impact on your life, and someone else is responsible for your injuries, you have the opportunity to hold them accountable for their negligent actions. Contact a brain injury attorney in Middleton to discuss your legal options further.
Commons Causes of Brain Injuries
Brain injuries can happen in virtually any type of accident or incident. Depending on the circumstances of your case, your attorney will investigate the incident you were involved in to determine who is responsible for causing your injuries.
With that in mind, some types of accidents and events cause brain injuries more frequently than others. Some of these include:
- Car and motorcycle accidents
- Bicycle and pedestrian accidents
- Commercial truck and tractor trailer accidents
- Work-related accidents
- Construction and factory accidents
- Accidents on oil rigs
- Slip and fall accidents
- Escalator, elevator, stair, and ladder accidents
- Falls from elevated heights
- Medical malpractice and negligence
- Birth injuries and nursing home abuse
If you suffered traumatic head or brain injuries in a type of accident or incident that was not listed above, you might still have grounds for legal action against the liable party. Contact our office today to learn more about who could be at fault for your injuries.
Massachusetts Law Limits Your Time to File a Brain Injury Lawsuit
Massachusetts has a three-year statute of limitations for personal injury and brain injury lawsuits per Mass. Gen. Laws Ch. 260, § 2A. If your lawsuit is not filed before the expiration of the statute of limitations, your case will be barred from filing.
For this reason, it is of utmost importance to get a brain injury attorney working on your case as soon as possible. This way, you do not have to worry about time limitations adversely impacting your ability to bring the at-fault party to justice.
Proving Liability for Your Brain Injury Case
If you hope to recover maximum compensation in your brain injury claim, you must show that the negligence elements have been met. They are as follows:
- Duty of care – The defendant must have owed the brain injury victim a duty of care or a duty to ensure their safety.
- Breach of duty – This means the defendant must have acted or failed to take action that ultimately breached their responsibility to the victim.
- Causation – The defendant’s decision or indecision is ultimately responsible for causing the injuries and resulting damages.
- Damages – This means the brain injury victim must have suffered physical, financial, emotional, or psychological damages due to the defendant’s breach of their duty of care.
The burden of proof in brain injury claims is based on a preponderance of the evidence. This means your attorney will need to thoroughly investigate your case to gather compelling evidence that shows the jury that the defendant is more likely than not at fault for your brain injuries.
Some of the most powerful types of evidence used to prove liability in brain injury cases include:
- Photos of the injury
- Pictures of the victim’s other injuries
- Video of the accident that caused the brain injury
- The defendant’s cell phone records
- The defendant’s blood alcohol content test results
- Statements from expert witnesses
- Statements from bystanders who witnessed the accident
- CCTV, dash cam, or body cam footage
- Medical records and financial documents
Pursuing Damages in Your Brain Injury Claim
When brain injury victims have suffered catastrophic damages, recovering compensation is one of the best ways to get justice. You can ensure you get the most out of your claim in several ways. To start, if the person responsible for causing your injuries has insurance coverage, you may be able to file a claim with their insurance provider.
Depending on how your brain injury occurred, you might also file a claim with your insurance company. For example, Massachusetts is a no-fault state for auto insurance purposes. So if you were involved in a motor vehicle accident, you would file a claim with your insurance provider instead of filing a claim with the liable party’s insurance provider since you purchased personal injury protection (PIP) coverage.
However, insurance coverage may not be enough to meet your needs. When this happens, or if the defendant does not have insurance coverage, bringing your case to trial may be in your best interests. Here, you can recover compensation for every loss you suffered due to your injuries. This includes both economic and non-economic damages, with the potential to be awarded punitive damages based on the individual details of your case.
Discuss Your Case with a Brain Injury Lawyer in Middleton Today
After everything you have been through, going through a painful litigation process and dealing with a large insurance company can seem daunting.
Let us ease your worries by handling the legal details of your case. Contact our Middleton brain injury lawyers at GED Lawyers to learn more about your options for financial recovery. Fill out our online contact form or call us to schedule your no-cost, risk-free consultation today.