Traumatic brain injuries (TBIs) are common after a car accident and a fall. No matter the type of accident that caused your TBI, your diagnosis and medical treatment can get costly. Because of this, you may want to know what your legal options are when it comes to recovering compensation for this injury. A skilled Fort Wayne car accident attorney can discuss this during your consultation with them. Your attorney will assess your situation to determine if you have a case in the first place and decide on the legal strategy to use to help you pursue the compensation you deserve. To determine your TBI claim’s validity, here are factors your attorney will take into account:
If the Accident Resulted from Another Party’s Negligence
Did you sustain a TBI because somebody was negligent? If so, you have the right to bring a legal claim against the responsible party. In Fort Wayne, you must file the claim with the at-fault party’s liability insurance. You can recover compensation by proving the negligence of the other party.
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Negligent Driving
Every driver should take reasonable care to prevent an accident from happening. Thus, they must follow traffic laws and focus on driving. Negligent driving includes speeding, driving while under the influence of alcohol or drugs, distracted driving, running a stop sign, not yielding, and following too closely. Such negligent actions result in a severe accident and cause serious injuries like a TBI to the people involved. But high-speed collisions can significantly increase the possibility of a TBI. Those inside the vehicles involved may have their heads hit a hard surface like the dashboard or the steering wheel.
Connecting Your TBI to the Crash
It is important to prove that the other party’s negligence directly led to your injuries. You can do this by visiting a doctor immediately after the collision. Waiting too long to get checked up and seek treatment can give the insurer a reason to argue that your injuries did not result from the accident.
Thus, you must seek medical treatment while still at the crash scene, if necessary. You may have a TBI and not realize it. But the paramedics might be able to detect the symptoms of TBI and recommend a visit to the ER. Going to the ER after the crash will make it hard for the insurer to question the link between your TBI and the car accident. Your medical records can be used for establishing the existence of your injury and its association with the crash.
