If you or a loved one suffered a serious brain injury because of someone else’s negligence, the Law Offices of Ogle, Elrod & Baril PLLC understand the ongoing medical care you need to recover from this challenging condition. This is why we help injury accident victims pursue the compensation they are entitled to after a life-altering experience.
We can help you hold the individual or responsible parties liable for your brain injury while filing a claim or lawsuit on your behalf to recover the compensation you deserve. If you believe you have a viable case, call us today at 865-546-1111 to schedule a free case evaluation with a brain injury lawyer in Murfreesboro, TN.
What We Want to Know During Our Initial Discussion
In our initial discussions, we will ask you how and when you suffered your brain injury. We have found that brain injuries can result from a variety of incidents. We handle brain injuries related to car accidents.
We may also ask how your brain injury has affected you and your family members. For instance, you may have been the primary financial provider for your household, but now your family members are suffering because your brain injury prevents you from working. How your brain injury affects you financially will factor into the value of your claim.
We Will Investigation Your Case
To build a strong claim, we will thoroughly investigate your case to discover how your brain injury occurred and who to hold legally responsible for causing your injury. Our investigation includes collecting evidence to support your claim.
The type of evidence we collect will depend on the circumstances of your accident and how you suffered your brain injury. Generally, we gather the following information:
- Medical records that describe the nature and severity of your injuries, and the treatment you are currently undergoing
- Police report that describes the car crash that caused your brain injury
- Photographs or videos of the accident scene
- Eyewitness statements
We may also send letters to companies or other entities involved in the accident to preserve evidence related to the accident.
Using Experts to Strengthen Your Case
We have years of experience dealing with insurance companies that challenge our cases because they do not believe our clients’ injuries are as severe as they claim. To counter an insurance carrier’s assertions, we call upon subject matter experts to provide their opinions which helps to support injury claims.
For instance, if you suffered a brain injury because of a car crash and fault for the accident is in question, we may have an accident reconstruction specialist review documents about the accident—and even visit the accident scene—to determine the cause of the car wreck and who is at fault for the accident.
Our law firm uses a variety of resources to ensure that you receive fair compensation for your brain injury.
Establishing Liability for Your Brain Injury
The evidence we collect will help to establish liability. So, to prevail in your case, we must show that you suffered a brain injury due to the negligence of another party, called the defendant. To do this, we must prove the following elements:
Duty of care
The defendant owed you a duty of care to ensure your safety and not cause you harm. For example, a driver on the road must follow the traffic laws and cannot operate a vehicle while inebriated.
Breach of Duty
The defendant failed to carry out the duty. For example, in the case of a drunk driver, the driver breached a duty of care by choosing to operate a vehicle while under the influence of alcohol.
The defendant’s negligent actions caused your injuries. If a drunk driver slammed into your car and as a result you or someone you love suffered a brain injury, you could seek compensation for this injury.
Because of the defendant’s negligent actions, you suffered physical, financial, or emotional damages.
Estimating the Value of Your Claim
A number of factors affect the value of your claim, primarily the type and level of your brain injury and your ongoing medical treatment. We can estimate the worth of your claim after calculating the other losses you suffered.
You may recover compensation for your injury and damages that include:
- Costs for diagnostic tests, such as CT scans, MRI scans, and X-rays
- Hospital bills
- Inpatient rehabilitation
- Home health care
- Medical mobility devices and equipment
- Home modifications to accommodate medical equipment
- Prescription medication
- Lost wages
Damages are not only financial but also emotional. So, we may pursue non-economic damages such as pain and suffering, emotional distress, loss of consortium.
Filing an Insurance Claim vs. Filing a Lawsuit
Whether we file a claim on your behalf or a personal injury lawsuit will primarily depend on the circumstances of your accident. We may be able to negotiate a settlement with the liable party’s insurance company and the case may never go to trial.
In more complicated cases, where the other party is challenging liability, we may file a lawsuit and resolve the outstanding issues in court.
Personal Injury Cases Face a Statutory Deadline
Tennessee’s Statute of Limitations gives you one year from the date of an accident to file an insurance claim or lawsuit. So, contact us today so we can begin working on your case and meet the statutory deadline.
Call the Law Offices of Ogle, Elrod & Baril PLLC Today
We have spent decades helping injury victims pursue compensation they deserve when another party’s negligence has disrupted their lives. Contact us today at 865-546-1111 to meet with a brain injury lawyer in Murfreesboro, TN.