How to Pursue Compensation for Head and Brain Injuries After an Accident
Suffering from a head or brain injury due to an accident can lead to long-term consequences, both physically and financially. Those who sustain such injuries are often eligible for compensation through various legal channels.
Pursuing compensation after a head or brain injury requires careful steps and a thorough understanding of the process.
Explore how victims can secure the compensation they deserve by seeking the help of a personal injury attorney and pursuing a claim effectively. The Law Office of Kevin L. Hoffkins in Westport, Connecticut, is there to help you better understand your rights and situation.
Recognizing the Impact of Head and Brain Injuries
Head and brain injuries can range from mild concussions to severe traumatic brain injuries (TBI). A mild concussion may cause temporary symptoms like headaches and dizziness, while more severe injuries can lead to cognitive impairments, memory loss, and physical disabilities.
Regardless of the severity, head injuries can have lasting effects, often affecting one's ability to work, perform daily activities, and maintain a normal lifestyle.
In Connecticut, people suffering from head injuries caused by accidents—whether due to a car crash, slip and fall, workplace injury, or other incidents—may be entitled to compensation.
However, pursuing compensation for these injuries often involves multiple legal steps, including gathering evidence, understanding applicable laws, and potentially filing a lawsuit.
The Importance of Seeking Medical Attention Immediately
When a head or brain injury occurs, the first and most important step is seeking immediate medical care.
Even if the injury appears minor, it’s critical to be evaluated by a medical professional. Some brain injuries may not present symptoms immediately, and without a proper diagnosis, the damage could worsen over time.
Getting medical attention also creates a documented record of the injury, which will be vital when filing for compensation. Medical records are crucial to showing the extent of the injury and its impact on your health.
These documents will help a personal injury attorney build a solid case for your compensation.
Why You Need a Personal Injury Attorney
A personal injury attorney plays a significant role in the process of seeking compensation after a head or brain injury. Having someone with the right knowledge of the law can improve the chances of obtaining a fair settlement or judgment.
An attorney familiar with Connecticut’s laws will understand how to approach cases involving accidents and injuries and can guide you through each step. Here’s how a personal injury attorney can help:
Assess the strength of your case: By reviewing the details of the accident and the severity of the injury, a personal injury attorney will be able to tell you whether you have a strong claim for compensation.
Investigate the accident: Your attorney will work to gather evidence, such as accident reports, witness statements, and medical records, to establish liability and prove negligence.
Negotiate with insurance companies: Insurance companies often try to settle quickly with minimal payouts. A personal injury attorney will make sure you’re not offered less than what you deserve.
Represent you in court: If a settlement can’t be reached, your attorney will file a lawsuit on your behalf and represent you in court.
Maximize your compensation: Personal injury attorneys are skilled at determining the full extent of your damages, including medical costs, lost wages, pain and suffering, and any long-term care needs.
Connecticut’s Personal Injury Laws
Connecticut law allows individuals who are injured due to someone else’s negligence to pursue compensation for their losses. This is especially important for individuals suffering head and brain injuries, which can result in long-term medical expenses and lost income.
Here are a few important aspects of Connecticut law to keep in mind when seeking compensation:
Statute of Limitations: In Connecticut, the statute of limitations for personal injury claims is generally two years from the date of the injury. If you don’t file your claim within this period, you may lose the right to seek compensation. Therefore, it’s important to act quickly and contact a personal injury attorney as soon as possible after an accident.
Comparative Negligence: Connecticut follows a comparative negligence rule. This means that if you’re partially at fault for the accident, your compensation will be reduced by the percentage of your fault.
Damages: The types of damages you may be entitled to include medical expenses (past and future), lost wages, pain and suffering, and emotional distress. Additionally, if your injury results in long-term or permanent disability, you may be eligible for compensation for ongoing care and support.
Insurance Coverage: Connecticut requires drivers to carry liability insurance, but many victims of accidents may not be able to recover enough from the responsible party's insurance. In such cases, your own insurance policy (underinsured motorist coverage) may provide additional coverage.
Gathering Evidence to Support Your Claim
To pursue compensation for a head or brain injury after an accident, you’ll need to gather relevant evidence. This includes not only medical documentation but also information about the accident itself. The following pieces of evidence can support your claim:
Medical records: Detailed records from doctors, neurologists, and any specialists who treated you are critical to show the extent of the injury.
Accident reports: Police reports or any official documentation related to the incident can provide information about how the accident occurred and who was at fault.
Witness statements: Testimonies from those who saw the accident can support your version of events and show that someone else was responsible.
Photographs: Photos of the accident scene, your injuries, and property damage can provide visual evidence of what occurred.
Employment records: Documents showing your lost wages or inability to work due to the injury will help establish your financial losses.
Gathering all of this information is essential for building a strong case and maximizing your compensation.
Negotiating a Settlement
Once the evidence has been gathered and your claim has been evaluated, your personal injury attorney will begin the process of negotiating a settlement with the responsible party’s insurance company.
Insurance companies often offer low settlement amounts in an attempt to avoid paying the full value of a claim. This is where a personal injury attorney’s experience comes into play—they’ll know how much your case is worth and will fight for the compensation you deserve.
While many cases are resolved through settlements, it’s important to be prepared for the possibility that negotiations may not result in a fair offer. If this occurs, your attorney will take the necessary steps to pursue the case in court.
Filing a Lawsuit
If settlement negotiations fail, your personal injury attorney may file a lawsuit on your behalf. A lawsuit involves presenting your case to a judge or jury, who will decide if you’re entitled to compensation.
Although most cases settle before reaching trial, it’s still important to have an attorney who’s prepared to litigate your case in court.
Filing a lawsuit can be a lengthy process, requiring both parties to exchange information through discovery, depositions, and expert witness testimonies. Your attorney will guide you through this process and represent you in court.
What Compensation Can You Expect?
The amount of compensation you may be eligible to receive depends on several factors, including the severity of your injury, the extent of your financial losses, and the degree of negligence involved. Common forms of compensation in head and brain injury cases include:
Medical expenses: Coverage for both past and future medical costs related to the injury.
Lost wages: Compensation for the income lost due to your inability to work.
Pain and suffering: Compensation for the physical pain and emotional distress caused by the injury.
Permanent disability: Compensation for any long-term or permanent disability resulting from the injury.
Punitive damages: In rare cases, if the defendant’s actions were particularly reckless, punitive damages may be awarded as a way to punish them.
While each case is unique, a personal injury attorney will work to maximize your compensation based on the specifics of your situation.
Work With Reputable Legal Counsel
Pursuing compensation for head and brain injuries after an accident can be a complicated process, but with the right legal representation, victims in Connecticut can work to secure the compensation they deserve.
Kevin L. Hoffkins serves clients throughout Fairfield County, including Darien, Danberry, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Trumbull, Westport, Wilton, and Easton.
Reach out to The Law Office of Kevin L. Hoffkins today to connect with an experienced personal injury attorney.