While traumatic brain injuries may not always be immediately apparent, the long-term physical, emotional, and financial toll could be devastating. From memory problems to skills losses to significant medical costs, a traumatic brain injury could be life-altering, both for the individual and their family. If you have suffered severe brain injuries due to someone else’s negligence, a Stamford traumatic brain injury lawyer could provide the knowledgeable representation you need to hold the negligent parties responsible.
An aggressive, tough, and legitimate personal injury attorney could assist you at each stage of the legal process, whether negotiating with insurance companies or aggressively asserting your rights in court.
Traumatic brain injuries stem from a variety of difference causes, including sports injuries, falls, motor vehicle accidents, and slip and fall incidents. Regardless of how the injury happened, the brain handles trauma in one of two ways: an open head injury, such as a penetrating wound or blow, or a closed head injury where the brain moves in the skull and hits bone, yet with no visible indication of trauma.
The signs of a traumatic brain injury could show up immediately, or arise months later, including the following:
Besides the physical signs of a traumatic brain injury, the individual’s emotional and mental capacity could be permanently impacted. Following an accident, the injured individual’s personality could be different, their social, mental, and decision-making powers diminished, and bodily control and motor skills affected.
A lawyer representing the plaintiff in a Stamford traumatic brain injury claim have could obtain compensation on their behalf for numerous types of damages, such as:
Issues could arise in negligence claims and when a traumatic brain injury is not visibly obvious — and this is when a seasoned Stamford lawyer who uses aggressive tactics is needed. In the state of Connecticut, four, specific elements must be met in order to proceed with a viable negligence claim: the defendant owed the injured party a duty of care (such as the duty of all motorists to exercise reasonable care to not put others at unreasonable risk of harm), the defendant acted negligently and breached said duty, the defendant’s breach directly caused the plaintiff’s damages, and the plaintiff suffered actual damages as a result. If a victim and attorney are able to prove these four elements, recovery could be sought.
Each state has its own statutory deadline governing personal injury cases, which is the time limit by which the plaintiff must file their case in court or else be forever barred from securing financial recovery. Connecticut General Statutes §52-577 imposes a two-year statutory deadline for personal injury lawsuits, including traumatic brain injury cases. If the plaintiff fails to present their traumatic brain injury lawsuit by the deadline, the court could refuse to hear their case.
If the claim involves a county or city, the plaintiff must notify them of their intention to sue within six months following the accident. Furthermore, the State Claims Commissioner must be notified of any claim against the state within one year following the date of the accident.
The state’s comparative fault rule could impact the amount of compensation a plaintiff could recover in a traumatic brain injury lawsuit. So, if the injured party is found to be 51 percent or more at fault for their damages by the court, they would not be allowed to collect from the at-fault party. However, if the injured individual is less at fault than the defendant, they would still be able to recover damages, but the amount would be reduced in accordance with the percentage of fault assigned.
Recovering from a traumatic brain injury could take years, and brain injury victims often never regain the life they once had prior to the accidents. If you have been injured or lost a loved one due to another person’s careless behavior, it is essential to understand your legal rights and the compensation you could be entitled to. Call a Stamford traumatic brain injury lawyer today to arrange an initial case consultation and review.