If you suffered a brain injury caused by someone else’s negligence, do not take for granted that the at-fault party’s insurance company—or even your own insurer— will offer you a fair settlement. The Law Offices of Ogle, Elrod & Baril PLLC understand the difficulties you may have in proving your case to an insurance company opposed to offering you a fair settlement.
We can help you. One of our brain injury lawyers in Hamilton County, TN can investigate the accident that caused your brain injury, build a solid claim, and negotiate a settlement with the at-fault party’s insurance company. You may be eligible to recover compensation for your medical expenses, lost wages, pain and suffering, and other damages. To find out more about how we can help you, call us today for a free legal consultation at 1-865-546-1111.
We Want to Know What Caused Your Brain Injury
All it takes is a sudden bump or blow to the head to cause a traumatic brain injury. According to the U.S. Centers for Disease Control and Prevention (CDC), falls and motor vehicle accidents are the leading causes of traumatic brain injuries.
In our initial consultation, we will discuss the circumstances of the event in Hamilton County that caused your brain injury. If you have a viable case, we will begin collecting evidence to build a strong injury claim on your behalf.
We Collect Evidence to Support Your Claim
The type of evidence we collect depends on how you suffered your brain injury. If you suffered a brain injury from a car accident, we would collect such evidence as the following:
- A police report of the accident
- Photographs of the accident scene
- Photographs of your other injuries
- Eyewitness statements about the accident
The Importance of Your Medical Records
We also use your medical records to show the specific type of brain injury that you suffered. A traumatic brain injury can range from mild to severe.
A mild brain injury, commonly called a “concussion,” temporarily affects the brain. Concussion symptoms include severe headaches, dizziness, and memory difficulties or loss. A severe traumatic brain injury can cause permanent disability or death.
From your medical records, we may obtain information that includes:
- A statement from your treating physician about what caused your brain injury
- Brain scans, MRI’s, or other tests taken to identify or confirm your brain injury
- Results from diagnostic tests that rule out other medical conditions
- The current treatment your doctor ordered based on the type of brain injury you suffered
- The prescription medications you take
- Your doctor’s prognosisof your brain injury
An Insurer May Want Access to Your Medical Records
Although we provide information from your medical records with your claim, an insurance company may ask for additional information from your file. If an insurance claims adjuster asks permission to see all of your medical records, do not send your entire file.
A claims adjuster usually wants to find information to counter a personal injury claim that has the potential for a high settlement amount. This is one of many tactics insurance companies may use to deny a claim or minimize its value. If an insurance claims adjuster asks to see your medical records—beyond what we send with your claim, contact a brain injury lawyer in Hamilton County, TN first before responding to the request.
We Must Prove Negligence in Your Claim
To have a favorable outcome means we have to show how the individual or entity caused your injury. To do this, we must prove the following four elements of negligence:
- The defendants owed you a duty of care to avoid causing you harm.
- The defendants breached this duty.
- The defendants’ negligent action caused your brain injury.
- You suffered financial losses and other damages as a result of your injury.
As an example, if your brain injury was caused by a drunk driving accident, we must show that the driver owed you a duty to drive carefully. The driver, however, failed this duty by driving under the influence of alcohol. The defendant’s negligent actions caused a car wreck, and you suffered a brain injury.
We will use the evidence we collected to connect your brain injury to the defendants’ negligent actions.
Estimating Damages for Your Personal Injury Claim
We take a number of factors into account when estimating the value of your claim, including the type of brain injury that you suffered. For instance, if you sustained a traumatic brain injury, you may not be able to work as you once did.
Based on the amount of your out-of-pocket expenses and other financial losses, you may be able to pursue damages that include:
- Medical bills
- Home health care
- Lost wages
- Loss of earning capacity
- Property damages (if you were in a vehicle accident)
- Pain and suffering
- Emotional distress
- Mental anguish
Insurance Companies May Dispute Fault
We use the evidence to prove which party is legally at fault for your brain injury. This process becomes challenging when the at-fault party and the party’s insurer dispute fault for the injury. Generally, because an insurance is a business, it wants to pay the least amount of money as possible. So, a claims adjuster will scrutinize a claim to find a reason to delay or deny it, or reduce the settlement amount.
We will aggressively defend your claim and if necessary, file a lawsuit to settle outstanding issues. We only challenge a personal injury claim in court when we find it absolutely necessary. However, we do not move forward on a lawsuit without first discussing the case with you.
Let Us Help You Recover Compensation for Your Brain Injury
You have a one-year deadline under Tennessee’s Statute of Limitations to file a claim to recover compensation. Contact one our brain injury lawyers in Hamilton County. TN now to see if you have a viable claim.
We work on a contingency basis, which means you do not pay us unless we win compensation in your case. Call us today at 1-865-546-1111.