If you suffer from a traumatic brain injury, you may become confused about how to file your claim. In addition to determining if your injuries are legitimate, your legal representation must also determine if your injury was indeed caused by a negligent act or activity. This can be a difficult task, but when you have a qualified attorney by your side, things will be much clearer. It is important to remember that each state has its own laws regarding TBI claims, so having a qualified Cueria Law Firm on your side can make the process much easier to deal with.
The first thing your traumatic brain injury lawyer will do is determine whether or not your injuries were caused by an event or negligence. In general, there is a “slip and fall” exception to this rule, which allows some injuries such as tennis elbow and a bad fall on dry ice to be filed as a true case of negligence. Outside of this exception, all types of motor vehicle accidents, assault, domestic violence, certain industrial accidents, animal attack, and poisoning can also be ruled negligence if they were caused by another person, company, or event. Once your attorney has assessed whether your injuries are eligible under the law, your case will need to be submitted to an investigator who will then determine if your injuries warrant a claim for compensation.
When determining if you should pursue a traumatic brain injury lawsuit, there are several factors to consider. If your loved one sustained a TBI because of another person, animal, or object, then you have a strong case. In addition to determining if negligence was a factor, your lawyer will also need to determine if the injury was caused by an outside force. For instance, if your loved one fell in front of a dump truck or slipped on a broken sidewalk, then you may have a case. Likewise, if your loved one was hit by a passing vehicle, then you may have a case based on the facts of your accident.