A traumatic brain injury (TBI) does not always heal. You may not recover fully or you may require medical assistance for the rest of your life. While medical treatment has advanced to create a full and comfortable life for TBI patients, you may be wondering what the point of hiring a lawyer is. After all, even if your TBI was caused by another entity, how can you predict the cost of your injury?
You Don’t Have to Be Cured to File a Lawsuit
There is a misconception that compensation is supposed to cover the medical bills until you are better. This isn’t the case. Sometimes, injuries are severe enough to cause permanent damage. The negligent party is still responsible for your medical bills. The person may be liable for more than just the economic costs of your TBI.
Lawyers and insurance companies have formulas designed to help come up with the price of damages. First, you would take into consideration your medical costs and estimated future medical costs. The actual damages are added up and then the lawyer or insurance adjuster may multiply those costs by a number between one and a half and five. This is how they determine pain and suffering costs.
While you cannot file another lawsuit later for additional medical costs, you can have a doctor predict the future of your medical costs so that you can add the expenses to your settlement request.
You Can Go to Trial or Settle Out of Court
Like any personal injury lawsuit, you have the choice of bringing the lawsuit to trial or settling in advance. Your lawyer will advise you on which route to take. If you want a large settlement because of your future costs and because of the long-term disability, then you may want to take the trial to the court. Often, insurance adjusters, businesses and even individuals will try to settle out of court for a low cost. Rely on your lawyer to help you decide whether you should settle or go to trial.
TBIs are life-changing injuries. If you suffered a TBI because of someone else’s negligence, you deserve compensation. The fact that you have irreversible damage does not change whether or not you should file a lawsuit. If you are unsure about whether you have a case, there is no better time to consult with a lawyer, like a brain injury lawyer. He or she can help you determine the validity of your case.