Traumatic brain injuries (TBIs) can have various negative effects on victims. It can make working difficult or impossible, and basic skills you need for daily life may be more challenging. If you experience a TBI, contact an attorney who can help you sue for fair financial compensation.
Your first step is to contact an attorney to discuss your legal options. Your lawyer can help you file a lawsuit and have a trial or negotiate a settlement with the defendants. Not only should you get compensation to help pay for medical treatment, but your compensation should account for the pain, distress, and emotional turmoil of struggling with a TBI. The evidence we need and our legal strategy will depend on the facts of your case and available evidence.
Contact our traumatic brain injury attorneys at Rice Law by calling (410) 694-7291 and ask for a free case review.
How Do I Prepare a Traumatic Brain Injury Lawsuit in Silver Spring, MD?
Preparing a lawsuit can take time, and it is best to contact a lawyer for help as soon as possible after experiencing a TBI.
Call an Attorney
Call a lawyer as soon as you or your loved one has received medical attention. If the injury constitutes a serious emergency, call 911 first and go to the hospital. You should contact an attorney in the next few days. Try not to wait any longer. Your attorney can help you take the necessary steps to build your case.
Medical Evaluations and Records
A major part of a lawsuit for a traumatic brain injury is the victim’s medical records. A TBI is a severe injury that may require complex and expensive treatment. Medical records can help us prove the extent of the injury, the cost of treatment, and what your life might look like as you recover.
Assess Damages
Once you contact a lawyer, they should help you evaluate your damages so that you understand what kind of compensation you are entitled to. This may involve reviewing medical bills and assessing how much income the injured victim has lost and may continue to lose in the future, among other costs. Our traumatic brain injury attorney will also help you evaluate non-economic damages, like pain and suffering, that can be significant but more subjective.
FAQs About Filing Civil Claims for Traumatic Brain Injuries in Silver Spring, MD
When Should I File a Civil Lawsuit for a Traumatic Brain Injury in Silver Spring, MD?
You should file your civil lawsuit sooner rather than later. The longer you wait, the more likely it is that evidence may disappear. Additionally, you have a limited time in which to file your lawsuit. In Maryland, a personal injury lawsuit for a TBI must be filed within 3 years. If the TBI is from medical malpractice, you have 5 years or 3 years from whenever you discovered the TBI is the result of medical negligence, whichever is earlier.
How Valuable Are Claims for Traumatic Brain Injuries?
Your claims may be worth thousands, hundreds of thousands, or even millions of dollars. The value of your claims will depend on the extent of your injuries, costs, and how your TBI has affected your quality of life. The more severe and debilitating your injuries are, the higher your damages should be. TBIs often result in significant expenses, so compensation is usually high.
What is the Best Way to Get Compensation for a Traumatic Brain Injury?
There might not be a single best way to get compensation for a TBI. Many TBI victims file lawsuits and have civil trials to claim the compensation they need and deserve. Others might accept a settlement offer and skip the trial. Both options may be helpful, and your lawyer can help you decide which works best for your situation.
Can I Sue for a Traumatic Brain Injury if I am Partially Responsible?
Under Maryland common law, a plaintiff who is even slightly responsible for their injuries may not sue for damages. However, under the Last Clear Shot rule, a common-law doctrine, a plaintiff may still recover damages if they can prove that the defendant had the last chance to avoid causing the accident and negligently failed to do so.
How Long Do Lawsuits for Traumatic Brain Injuries Normally Take?
A lawsuit for a TBI may take time to finish. Lawsuits in general tend to be time-consuming, but TBI lawsuits can be especially lengthy because significant compensation is often at stake. On top of that, TBIs are complex injuries, and we likely need to rely on medical experts to review medical records and provide testimony, which only adds to the time.
Where Do I Get Evidence for a Traumatic Brain Injury Lawsuit?
You need evidence about your damages and the defendant’s fault for your injuries. Evidence of damages may come from things like medical records, proof of financial costs, and your own testimony. Evidence of fault may come from the scene of your accident, such as the location of a car accident or the property where you fell and hit your head.
Can I Sue for a Traumatic Brain Injury if I Recover?
Yes. While many TBIs come with permanent complications, some victims are fortunate enough to recover. However, recovery from TBIs tends to be slow and may take months or even years. You may live with painful or uncomfortable effects of the injury for a long time before you see improvement. Even if your injuries fully recover, you still can sue for the damages you incurred.
Can I Sue if My Loved One Experiences a Traumatic Brain Injury in Silver Spring, MD?
Possibly. TBIs can render injured victims completely debilitated, and they may be unable to live independently, let alone file a lawsuit. Family members can step in and ask the court to appoint them as legal guardians, giving them the authority to file a lawsuit on behalf of their injured loved one.
How Do I Know if Someone Has a TBI After an Accident?
Symptoms of TBIs can range from somewhat mild to severe and frightening. Milder symptoms can include headaches, nausea, dizziness, and confusion. More severe symptoms might involve convulsions, loss of vision, slurred speech, and memory problems. If you or someone else experiences any such symptoms after a head injury, seek immediate medical attention.
Should I Call the Police if I Experience a Traumatic Brain Injury?
Maybe. While many TBIs come from accidents, the person who caused the accident might be criminally charged. It may be a good idea to report the accident to the police. If the accident is a serious emergency, call 911 and ask for the police to be sent to your location, along with an ambulance. They can investigate and possibly arrest the person responsible.
Get Help Now from Our Traumatic Brain Injury Attorneys in Silver Spring, MD
Contact our traumatic brain injury attorneys at Rice Law by calling (410) 694-7291 and ask for a free case review.