When someone suffers a serious traumatic brain injury (TBI), the recovery process can be long with hospital stays and ongoing medical treatments. A TBI can also affect your quality of life. If your injury resulted from an accident, you have the right to maximum compensation.
The Indiana brain injury lawyers at Wagner Reese can offer legal advice on moving forward with your life after a brain injury when you file for compensation. Our combined 150+ years of experience can help you navigate the legal process as you recover.
Factors Affecting Recovery Time from a Traumatic Brain Injury
Most people with a concussion, considered a mild TBI, may recover within one to two weeks. However, recovery can take even longer depending on a few factors, such as a previous concussion history. Concussion damage can compound over time, so a second or third concussion will be more harmful than a first, and too many concussions may cause long-term or even permanent impairment.
People with a moderate or severe TBI can recover most of their cognitive function, although they may need neurosurgery, counseling, and occupational therapy. They can achieve a similar quality of living within a year of the accident.
Other factors that can increase recover time needed may include mental health disorders like pre-existing anxiety or depression, family environment, and age. For example, older adults, young children, and teens may recover slowly from a mild TBI.
Recovering from a severe TBI can take a few months or longer for you to smile, walk, and laugh again even with ongoing medical care and family support. A lawyer from Wagner Reese can go over what you need to recover in a settlement for a traumatic brain injury.
How Do You Decide What Amount to Ask for in a Settlement?
It’s essential to work with an experienced Indiana personal injury attorney to understand what your case is worth. A proper case evaluation ensures you do not accept lowball settlement offers that will be insufficient to cover your past and future medical expenses, lost wages, and more.
However, some factors to consider include:
The severity of your TBI
Those with serious TBIs require intensive medical treatment to cope with a mental health condition, such as psychiatric care. You may need to consider the degree of impairment from a TBI, such as memory loss, seizures, or loss of cognition.
The settlement can include the costs of paying for occupational therapy, physical therapy, and social support to help you or your loved one regain physical and brain functions after a TBI.
Your pre-injury income
Your personal injury claim may compensate you for lost income due to time off work for recovery. The amount you can receive for lost wages depends entirely on how much money you would’ve made had you been able to work.
If the severity of your injury suggests you will be unable to return to work for some time, or your ability to ever return to the same kind of work, your income level will also affect your settlement amount for compensating the loss of future earnings.
Your level of fault
Indiana is a modified comparative negligence state, meaning your total settlement amount is reduced by your percentage of fault. For example, if you were partially at fault for a car crash that caused your TBI, you will not be able to get full compensation. If your actions contributed to more than 50% of the accident causing your TBI, you will be unable to recover any damages. A lawyer can help reduce your degree of fault through evidence.
When to File a Lawsuit for a TBI
It’s critical to begin filing a lawsuit immediately after you become aware you have suffered a traumatic brain injury due to someone else’s negligence. The earlier you start the filing process, the quicker you and your attorney can begin gathering evidence to support your claim.
It’s also beneficial to begin filing your claim as early as possible to ensure you don’t exceed the statute of limitations. The statute of limitations is the period in which you can legally file a compensation claim. Once it passes, your claim is likely to be denied. In Indiana, the statute of limitations for personal injury claims is two years from the date the injury occurred.
Work With Wagner Reese to Win a Fair Settlement for Your TBI
At Wagner Reese, we can evaluate your case and determine a fair settlement amount based on past medical bills, non-economic damages, and future anticipated healthcare costs.
Don’t accept a settlement amount that’s lower than you deserve. Consult one of our experienced brain injury lawyers to get the financial compensation you need to cover your expenses and improve your quality of life.
