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A Guide to Filing a Brain Injury Compensation Claim

Brain injuries can heavily cripple a person and affect the way he or she lives. If you or any of your loved ones sustained a brain injury because of an accident, then it’s best that you seek the services of a brain injury lawyer in Los Angeles. Doing so will help you check the facts and provide yourself with the best legal options to pursue compensation.

Keep in mind that if it’s someone else’s fault that caused your injury, you shouldn’t be the one to shoulder all expenses, particularly the medical bills. Here are the basic steps you should keep in mind when you’re filing a claim.

Determine if it’s worth filing a lawsuit

To be able to file a lawsuit and get the proper compensation, you need to prove that you’ve sustained damages that led to your injury. Filing a lawsuit without injury doesn’t warrant you with any medical care. It means that you won’t have any damages, therefore losing your reason to sue.

However, even if you did sustain an injury were able to prevail in the case, the other party’s budget will still play a role in the court’s ruling. If you’re filing a suit against an individual, for instance, there could be a chance that you won’t receive anything. Businesses, on the other hand, have insurance policies that can shoulder your claim for personal injury. That’s why it’s highly advisable to file a complaint against the responsible business instead of the individual.

Get an estimate of the value of your claim

There’s a higher likelihood that you’ll get more money from the claim depending on the severity of your injury. Also, if you know how to get along with people, have a sensitive story to tell, and don’t act indifferently, the jury may even award you with a higher amount. However, if you act aggressively and appear to be quite hostile, then expect that the value of your claim will drop down.

Moreover, you should also include a few documents, such as the medical bills and your long or short-term care expenses. You should also record the wages you’ve lost because of your leave from work, as well as your pain and suffering.

Personal injury law book on a table.

Meanwhile, if you got involved in a car accident, you may be dealing with an insurance company. Bear in mind that the insurer’s goal is to minimize their liability as much as they can. To determine whether it’s still reasonable to file a claim, you should come up with a fair assessment of the value of your claim.

Document everything

You won’t win your compensation claim if you can’t prove any of your injuries. Although it seems simple, you need to have a dedicated record-keeper to keep all your documents. You need to have all your medical records as well as evidence of your lost salary. You also need to have materials that can prove all your claims for the damages that you’ll be filing.

You should always follow the court’s rules if you’re planning to pursue your claim. It’s best to work with a lawyer who can help you navigate through all the legal aspects and ensure that you won’t miss any important detail. Missing any of these can make a difference between winning and losing the case.

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