If you or your loved one sustained a traumatic brain injury because of someone else’s negligence, you deserve compensation for your financial losses, medical needs, and other damages. The Law Offices of Ogle, Elrod & Baril, PLLC, can help.
Our firm has helped brain injury victims and their families pursue full and fair compensation for their accident. Call us today at 865-546-1111 to schedule a free legal consultation with a brain injury lawyer in Clinton. We will protect your legal interests, help you identify the liable party, and hold them responsible for your brain injury.
How Will a Brain Injury Lawyer Help Me Pursue Compensation?
Our firm can help you by investigating the accident that led to your brain injury and identifying the party to hold liable for the accident. We have a variety of resources that we use to investigate accidents that cause brain injuries.
For instance, if your brain injury resulted from a car accident, we would collect evidence such as a police report, traffic camera video, eyewitness testimony, photographs of the accident scene, and other information. If your brain injury resulted from a commercial truck crash, we would turn to the trucking company for employment records, driver logs, truck maintenance documentation, and post-accident drug and alcohol test results.
We will also obtain your medical records as evidence to show the severity of your brain injury and how it has impacted you and your family. We can use statements from your doctor about your prognosis and information from career specialists regarding the impact your injury will have on your ability to work.
Why Collect so Much Evidence?
We collect this evidence to provide solid support for your insurance claim and to prove how another party’s negligence caused your injury. This evidence helps to hold the at-fault party responsible for your damages. We do this because Tennessee is a “fault” state, which means the party—or defendant—whose negligent actions caused an accident must pay the resulting damages.
To prove another party was at fault and is responsible for your damages, we have to provide evidence that four key details were true about your case:
- The defendant had a duty to exercise reasonable care so no harm would come to you;
- They breached the duty of care;
- The defendant’s negligent or reckless actions caused an accident, and you sustained injuries; and
- You suffered damages as a result of the accident.
To further strengthen your negligence claim, we may obtain testimony from subject matter experts, such as:
- Independent neurologists who can discuss your medical report;
- Accident reconstruction specialists who can determine the cause of your crash; and
- Your family members and friends who can speak to changes in your personality, health, mobility, and lifestyle.
How Do I Receive Compensation for My Brain Injury?
You can recover compensation through an insurance claim or a personal injury lawsuit. What we file depends on the circumstances of your accident and the severity of your brain injury, but we recommend filing an insurance claim first.
As a benefit to you, our legal team will file the paperwork with the defendant’s insurance company. We handle all aspects of an insurance claim, from filing the claim to negotiating a full and fair settlement with the insurance company.
Should the insurance company deny your claim, we will speak with you about filing a personal injury lawsuit to pursue reimbursement for your injuries. We prefer settling claims out of court and will file a lawsuit only when necessary.
How Soon Should I File My Claim?
Tennessee’s statute of limitations gives you one year from the date of your accident to claim injury with a personal injury lawsuit. Even if you do not want to file a lawsuit, it is important to act before this deadline passes. If the statute of limitations has expired in your case and there is no threat of a lawsuit, the at-fault party’s insurance company may refuse to settle your claim. Contact us as soon as possible so we can begin investigating your case.
How Much Is My Insurance Claim Worth?
Your claim value depends on the damages your brain injury has caused. Because of the serious side effects associated with brain injuries, such as memory loss, problems with motor skills, and a change in personality, many of these claims are worth large sums of money. You deserve compensation for the permanent changes your injury has caused in your life.
We can give you a better idea of the value of your claim after speaking with you about your expenses. You may qualify for compensation for such damages as:
- Your present and future medical expenses;
- Your lost wages;
- Your loss of earning capacity;
- Assistive medical devices;
- Inpatient rehabilitation;
- In-home health care;
- Pain and suffering;
- Mental anguish; and
- Emotional distress.
Insurance companies often try to avoid paying brain insurance claims because of the high cost associated with these extensive damages. The insurer in your case may deny the policyholder’s liability or claim your injury is not severe. Our attorneys can use the strength of the evidence we collect to prove the value of your damages. We are aggressive negotiators, and we will not back down until the insurance company offers a settlement that takes into account your future medical and household needs.
Contact the Law Offices of Ogle, Elrod & Baril, PLLC, Today for Help With Your Brain Injury Claim.
Call the Law Offices of Ogle, Elrod & Baril, PLLC, now at 865-546-1111 to talk with a brain injury attorney in Clinton about how to recover compensation for your accident.
Our law firm works on contingency. You do not pay us for our services unless we recover compensation in your case.