Filing a traumatic brain injury (TBI) lawsuit is a decision that can have significant financial and emotional impacts. Knowing when to take legal action helps ensure you receive the compensation you could be entitled to. In this guide, we’ll explore the key moments when you should consider filing a TBI lawsuit, the evidence you’ll need, and how a qualified TBI lawyer in Montgomery or Millbrook can help you every step of the way.
- Before the Statute of Limitations Expires
- When the Injury Was Caused by Someone Else
- When You Have Sufficient Evidence To Support Your Case
- When Liability Is Disputed
- When Medical Costs & Financial Losses Are Overwhelming
- When Non-Economic Damages Are Significant
- When Insurance Companies Deny or Minimize Your Claim
- Don’t Deal With This Alone–Call Those Thumbs Up Guys®
Before the Statute of Limitations Expires
In Alabama, the statute of limitations for filing a traumatic brain injury lawsuit is generally 2 years from the date of the injury. This means that you have a 2-year window to take legal action. If you do not file your lawsuit within this timeframe, you may lose your right to pursue compensation. Consult with an attorney as soon as possible to help ensure your case is filed on time and that all necessary documentation is gathered before the deadline.
When the Injury Was Caused by Someone Else
A key factor in deciding when to file a lawsuit is proving negligence. If your injury was caused by someone else’s actions, you may have grounds for legal action. This could involve car accidents, falls, work-related injuries, and more. To succeed in a TBI lawsuit, you’ll need to prove that another party was responsible for the conditions leading to your injury.
Possible Liable Parties
When filing a TBI lawsuit, it’s crucial to identify who may be legally responsible for your injury. Various parties can be held liable depending on the circumstances of the incident:
- Drivers: If your TBI occurred in a car accident due to another driver’s negligence, you can file a lawsuit against the responsible party.
- Property Owners: In premises liability cases, such as slip and fall incidents, property owners can be held accountable if unsafe conditions led to your injury.
- Employers: If your TBI happened at work, you may be able to recover workers’ compensation benefits instead of filing a lawsuit.
- Manufacturers: In cases where a defective product contributed to your brain injury, the product manufacturer could be held responsible.
When You Have Sufficient Evidence To Support Your Case
Having the right evidence is key to winning a TBI lawsuit. Without it, proving brain damage can be difficult. You should file a lawsuit once you have gathered sufficient evidence, including:
Medical Documentation Is Available
Detailed records of your diagnosis, treatment, and long-term prognosis will be needed. This evidence establishes the severity of your injury and is often necessary for proving damages.
Expert Testimony Can Validate Your Claim
Expert testimony from doctors and other specialists can help confirm the extent of your injury and its impact on your life. Their input can be invaluable when negotiating settlements or presenting your case in court.
Witnesses Can Corroborate the Event
Statements from people who witnessed your accident can provide additional credibility to your claim. This type of evidence can help establish negligence and liability.
You Have Accident Reports To Support Your Claim
Documentation from law enforcement or other involved parties, such as a workplace accident report, can add further support to your lawsuit, solidifying your case.
When Liability Is Disputed
In Alabama, the state follows a pure contributory negligence rule, which can significantly affect when and if you should file a traumatic brain injury lawsuit. Under this rule, if you are found to be even 1% at fault for the accident that caused your injury, you may be barred from recovering any compensation.
If liability is being disputed—meaning the other party or their insurance company is attempting to place any level of fault on you—act quickly. Filing your lawsuit as soon as possible gives your legal team the time they need to build a solid case, minimizing the risk that your compensation will be denied due to shared fault.
When Medical Costs & Financial Losses Are Overwhelming
The financial burden of a traumatic brain injury can be enormous. Medical expenses can add up quickly, especially if you require ongoing care. In addition to medical bills, you may face lost wages if you are unable to work due to your injury. Filing a lawsuit can help you recover:
- Medical Costs: This includes past, present, and future medical bills related to your TBI.
- Lost Wages & Future Earnings: If your injury affects your ability to work, either temporarily or permanently, you may be entitled to compensation for lost income.
When Non-Economic Damages Are Significant
In addition to financial losses, TBIs often lead to non-economic damages such as pain and suffering. These damages are more difficult to quantify but are just as important in determining compensation.
Pain and Suffering
If your TBI has caused significant physical or emotional distress, you can seek compensation for pain and suffering. This covers both the immediate and long-term effects of your injury.
Punitive Damages May Apply
In cases of gross negligence or intentional misconduct, you may be eligible for punitive damages, which are intended to punish the at-fault party and deter similar actions in the future.
When Insurance Companies Deny or Minimize Your Claim
Unfortunately, it is not uncommon for insurance companies to undervalue or deny TBI claims, offering settlements that are far below what you may deserve. If an insurance company is delaying or minimizing your compensation, it may be time to file a lawsuit. A legal claim can force them to take your case seriously and offer fair compensation for your injuries.
Don’t Deal With This Alone–Call Those Thumbs Up Guys®
Filing a traumatic brain injury lawsuit is complex, but you don’t have to navigate it alone. Our experienced TBI lawyers at Floyd Hunter can help you gather the evidence you need, prove negligence, and secure the compensation you may deserve. Whether you need to negotiate with an insurance company or take your case to court, we’re here for you every step of the way.
Contact us today to schedule a free consultation and get started on your path to justice.
