If you suffered a traumatic brain injury and want to pursue compensation from the negligent party responsible for causing your injury, we may be able to help you. A brain injury lawyer in Corryton from our firm can discuss the options available for you to recover compensation for your medical bills, lost wages, and pain and suffering.
Call us today at 865-546-1111 to schedule a free, no-obligation consultation.
Asking Details About Your Brain Injury
We may ask you how your brain injury occurred and how your daily life has changed. Knowing details about your injury may help us as we investigate your case and gather evidence to show how another party’s negligence caused your brain injury.
The evidence we collect also helps to counter challenges that may arise from the at-fault party or the party’s insurance company which may deny your claim.
Using Your Medical Records As Evidence
Your medical records are key to proving that you suffered a brain injury and the type of brain injury that you sustained. According to Centers for Disease Control and Prevention (CDC), a traumatic brain injury falls into the classifications of mild, moderate, or severe. A severe traumatic brain injury can permanently impact a person’s life and can lead to death.
Your medical records may show how your doctor classifies your brain injury. Your records may also contain:
- Your doctor’s opinion about what caused your brain injury.
- Test results that specifically show the type of brain injury you suffered.
- The current treatment your doctor ordered for you.
- The medications your doctor prescribed.
Your doctor may also have recommended that you use assistive mobility devices, such as walkers or scooters, or assistive technological devices, such as a computerized communication software, to help you function on a daily basis. You may be able to get reimbursed for the costs of these devices.
Other Evidence We Include in Our Investigation
Besides your medical records, we may also collect evidence related to the incident that caused the injury. According to CDC, motor vehicle crashes are among one of the major causes of traumatic brain injury. The Law Offices of Ogle, Elrod & Baril, PLLC specializes in handling car accidents.
If you sustained a brain injury from a car wreck, we may secure evidence such as:
- A police report
- Photographs of the accident scene
- Surveillance or traffic camera video of the accident, if available
- Statements from eyewitnesses
We also work with subject matter experts, such as accident reconstruction specialists and medical expert witnesses. These experts provide additional evidence to support a personal injury claim.
Proving Negligence in Your Brain Injury Claim
To prevail in your claim, we must prove that the at-fault party’s negligence caused your brain injury. To do this, we must establish the following elements of
- The defendant owed you a duty of care.
- The defendant violated this duty.
- The defendant’s negligence caused your brain injury.
- As a result of your injury, you suffered damages.
Estimating the Damages for Your Claim
When estimating your claim, we take into account all of the damages you sustained because of your brain injury, such as your:
- Present and future medical bills
- Present and future lost wages
- Loss of earning capacity
- Vehicle repairs
- Assistive mobility devices
- Pain and suffering
We Consider Your Emotional Damages
According to CDC, a brain injury can cause changes in your ability to think, to speak, and in your sensation. A long-term or short-term injury can also cause depression, personality changes, and other emotional issues.
We understand that a brain injury can significantly impact your everyday life. And, depending on the severity of your brain injury, you may need home care assistance to help you function on a daily basis.
Besides your ongoing medical care, we take into account the costs of your emotional well-being when we estimate your total amount of damages.
In some cases, claimants are awarded punitive damages if they can provide “clear and convincing” evidence that the at-fault party’s reckless or malicious behavior went beyond negligence and caused a serious injury. Punitive damages are meant to punish the at-fault party and deter others from committing the same behavior in the future.
Depending on the circumstances of your accident and the severity of your brain injury, we may seek punitive damages against the at-fault party. If they are awarded, Tennessee caps punitive damages at twice the amount of compensatory (economic) damages or $500,000, whichever is greater.
Negotiating Your Insurance Claim
A brain injury lawyer in Corryton from our firm can file your insurance claim with the at-fault party’s insurer and handle the negotiations. We negotiate fair settlements, even though an insurer may try to pay out as little compensation as possible or offer nothing at all.
We prefer to settle claims out of court. But when our clients are not getting the justice — or compensation — they deserve, we do not hesitate to file a personal injury lawsuit.
Call Us to Learn More About Pursuing Compensation for Your Brain Injury
If you have questions on how to recover compensation for the losses you suffered from your brain injury, the Law Offices of Ogle, Elrod & Baril, PLLC have answers.
We work on a contingency basis which means you do not pay us unless we win your case. Receive a free case evaluation with a brain injury lawyer in Corryton from our firm.
Call us today at 865-546-1111.
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