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Suffering a traumatic brain injury is sure to change your life forever. When someone else is responsible for causing your injuries, you may be able to hold them accountable.
Get help recovering the compensation you need to cover your costs and get through these difficult times. See how a Columbus personal injury lawyer at Farmer & Morris Law, PLLC can help you today. Schedule your free consultation to find out more about what to do following a brain injury in Columbus.
How Do Brain Injuries In Columbus Occur?
If conditions warrant it, brain injuries can occur in a variety of situations, accidents, events, and incidents.
Some of the more common types of accidents that have been known to cause catastrophic and traumatic brain injuries include:
- Motor vehicle wrecks
- Medical negligence and malpractice
- Dog attacks and bites
- Swimming pool accidents
- Construction accidents
- Ground collapses
- Fires and explosions
- Factory accidents
- Premises liability cases
- Defective products
If your brain injury was caused by any type of accident or incident that is not listed above, you may still have the right to compensation for your suffering. You can find out how to recover compensation for your damages and make the liable party pay when you contact a brain injury attorney in Columbus for help.
How Long Do You Have To File A Columbus Brain Injury Lawsuit?
Your brain injury lawsuit in Columbus must be filed before the three-year statute of limitations runs out, per N.C. Gen. Stat. § 1-52. Under the law, if you attempt to file a brain injury lawsuit after the statute of limitations has passed, the court will have no other choice except to dismiss your case.
No matter how compassionate the court may feel for your suffering, it will be ordered to bar you from having your case heard. You can avoid this by having a personal injury attorney work on your case as soon as possible once your healthcare providers have declared you stable.
How To Recover Compensation For A Brain Injury
There are multiple ways you could recover compensation for your brain injury in Columbus. Your attorney will need to determine who is responsible for causing your injuries so you can hold them accountable.
Generally, the defendant will have insurance coverage in place. Some of the different types of insurance coverage liable parties may carry include:
- Homeowners insurance
- Renters insurance
- Business insurance
- Malpractice insurance
- General liability insurance
- Life insurance
However, many brain injury insurance settlements fail to cover a victim’s damages in their entirety. In fact, in many cases, the insurance coverage in place is not enough to cover more than a portion of your medical expenses and potentially your property damages.
Since your insurance settlement could be limited, you must always prepare for the possibility of bringing your brain injury claim to court. When your life has been substantially affected not only physically, but emotionally and financially as well, these damages should be taken into account accordingly.
You are not limited to recovering only economic damages by going to court. Here, you can recover both your economic damages and non-economic damages in full as long as your attorney has accounted for every loss.
How A Brain Injury Lawyer In Columbus Could Help You
Having a brain injury attorney on your side could prove invaluable as you attempt to bring the liable party to justice. Here are some of the ways a Columbus brain injury attorney could help you recover compensation for your damages:
Investigating And Establishing Fault
Investigating the cause of your brain injury and determining who is responsible for causing your injuries is essential. The burden of proof and personal injury claims of this nature is based on a preponderance of the evidence.
Your lawyer will need to show compelling evidence that demonstrates to the jury that the defendant is more than likely at fault for causing your brain injury.
Calculating The Value Of Your Claim
If you hope to get the most out of your claim, your lawyer will need to go over all of the ways you have been affected by your brain injury. This includes going over your medical expenses, the emotional trauma you have experienced, how your relationships with friends and family are faring, and your other physical, emotional, and financial losses.
Negotiating With The Insurer
Once we know who is responsible for causing your injuries, we may be able to file a claim with the insurance company. Insurance claims are fault based under North Carolina law per N.C. Gen. Stat. § 1-139, so you should be prepared to file a claim with the liable party’s insurance company. Your lawyer will negotiate to ensure you are not taken advantage of during your greatest time of need.
Filing A Civil Lawsuit
It is important to remember that insurance settlements may not fully cover your damages. This is because your insurance settlement will be limited by the types and amounts of coverage the liable party has purchased.
Oftentimes, liable parties will only purchase the minimum amount of coverage required by law. When this happens, it may result in an excess of damages that the insurance company is not required to cover.
Going to court may be the only way for you to recover the damages that are rightfully yours. At trial, you are not limited by insurance restrictions. You could recover your damages in full and begin to rebuild your life.
Contact A Columbus Brain Injury Attorney For Help With Your Claim
When your brain injury has taken over your life, you should not be forced to deal with the consequences on your own. With help from a Columbus brain injury lawyer at Farmer & Morris Law, PLLC, you can get the legal guidance and support you need when you need it most.
Our firm is proud to offer no-cost, risk-free consultations to brain injury victims across Columbus and surrounding towns. Claim yours by calling our office today.
