A brain injury can change your way of life. Whether you sustained the injury in a car accident, a slip and fall, a botched surgery, or a defective product accident, a brain injury requires specialized—and often costly—treatment. If not treated properly, this type of trauma can result in permanent disability or death.
Brain injuries require frequent trips to the doctor, physical or occupational therapy, prescription medication, and other services that can result in out-of-pocket expenses. You should not have to bear this burden alone. The attorneys at the Law Offices of Ogle, Elrod & Baril, PLLC, have dedicated themselves to helping brain injury victims recover the maximum compensation available to them under Tennessee law.
If you or your loved one suffered a brain injury because of someone else’s negligence, carelessness, or reckless behavior, we can help you hold the responsible party liable for the accident that caused your injury. Call our office at 865-546-1111 to arrange for a free, no-obligation case evaluation with a brain injury lawyer in Kingsport.
How Do I Receive Compensation for My Brain Injury?
A brain injury can range from mild—commonly known as a concussion—to moderate or severe. A severe brain injury can cause memory loss, personality change, loss of movement, impaired vision, or damaged hearing. When it comes to compensatory damages, people with long-term effects from a severe brain injury typically receive a higher financial settlement amount than those with a mild concussion.
Tennessee is a fault state, which means you may recover compensation from the party responsible for causing your injury. We can help you file a claim with the at-fault party’s insurance company or file a personal injury lawsuit. We will advise you of your legal options and the best course of action based on the level of brain injury you sustained and other factors.
The Law Offices of Ogle, Elrod & Baril, PLLC, Investigates Your Brain Injury Claim.
In order to hold another party responsible for your brain injury, we must fully investigate your accident. Our team of lawyers, board-certified medical experts, and accident reconstruction specialists will examine every detail of your injury to determine what happened.
We will first determine what caused your injury. We can do this by consulting the police report from your accident, speaking with eyewitnesses, obtaining surveillance video footage, and examining any photos of the accident scene. We will also look at your medical records for proof from your doctor that your brain injury occurred because of your accident.
Using this information, we will identify the responsible party in your case. To hold a person liable for your damages, we must prove they acted with negligence. To do this, we must prove the following occurred in your case:
- The defendant owed you a duty of care to keep you reasonably safe from harm;
- The defendant breached this duty;
- This breach of duty caused an accident and your brain injury; and
- You suffered specific damages because of this.
Motor Vehicle Accidents Commonly Cause Brain Injuries.
Severe car crashes often cause serious head trauma and brain injuries. If a car wreck caused your injury, we can help you hold the at-fault driver or other party responsible.
In car accident cases, we may rely on help from our accident reconstruction specialist. This expert can review photographs of damages to the vehicles, police reports, the roles each driver played in the accident, and road conditions at the time of the accident to recreate what caused your crash. Additionally, our legal team examines whether or not other factors contributed to the accident. During the course of our investigation, we will seek the answers to questions such as:
- Was the other driver operating their vehicle while under the influence of drugs or alcohol?
- Was the driver speeding?
- Does the driver have a history of other serious accidents?
- Did the driver fail to adjust to wet, slippery, or icy road conditions?
- Was the driver texting or using a hand-held phone while driving?
- Did the driver ignore traffic signals or traffic signs?
- Did a road hazard contribute to your crash?
- Did a faulty car part in either vehicle cause your wreck or worsen your injuries?
The responsible party in your case may include parties other than the driver. If a road hazard or missing safety signage caused your brain injury, we can hold the government agency in charge of road maintenance responsible for your damages. If a defective car part caused your crash, we will file for compensation with the part manufacturer. Regardless of who caused your injury, we will seek the compensation you deserve.
What Compensation Can I Recover?
If someone else caused your brain injury, you are eligible for monetary reimbursement for the actual losses you suffered. You may recover compensation for:
- Past and future medical expenses;
- Ambulance transportation from the accident scene to the hospital;
- In-patient rehabilitation;
- Home health care;
- Medical equipment and assistive devices;
- Lost earning capacity;
- Lost wages;
- Physical therapy;
- Occupational therapy; and
- Speech therapy.
You may also recover compensation for non-economic damages like your pain and suffering, emotional distress, mental anguish, and loss of enjoyment of life.
When Should I Call a Lawyer?
If you need someone to take the pressure off as you recover from your brain injury, call our firm as soon as possible. We will handle all the paperwork involved with your insurance claim, including negotiating settlements on your behalf. If we cannot reach an equitable settlement with the insurer, we can help you file a personal injury lawsuit.
It is important to act quickly, though. Tennessee’s statute of limitations only allows one year from the date of an accident to file a personal injury lawsuit.
Call the Law Offices of Ogle, Elrod & Baril, PLLC, Today for Help With Your Brain Injury Claim.
If you or a loved one suffered a brain injury because of someone else’s negligence, contact the Law Offices of Ogle, Elrod & Baril, PLLC, and get the help you need. We accept cases on a contingency fee basis, so you do not pay for our services unless we achieve a favorable outcome for your claim. Call us today at 865-546-1111.