If you or someone you know has suffered a traumatic brain injury (TBI), you may be eligible for compensation through a personal injury claim. Understanding the legal steps involved can help you navigate the process and ensure you receive the financial support you need.
Documenting the injury and medical treatment
The first step in filing a TBI claim is to gather evidence. This includes medical records, test results, and a history of your treatment. Having detailed documentation of your injuries helps prove the severity of your TBI and its long-term effects.
Additionally, make sure to get statements from your healthcare providers detailing your diagnosis, the treatment plan, and any prognosis for recovery.
Reporting the incident
In Pennsylvania, you must file a claim within a certain time frame. In most personal injury cases, including those involving traumatic brain injury, the statute of limitations is two years from the date of the incident. If you don’t file within this time period, you may lose your right to seek compensation.
Filing the claim
Once you have your medical records and the incident report, it’s time to file a formal claim. This is typically done through the insurance company of the party responsible for the injury. If the insurance company refuses to settle or if you cannot reach a fair settlement, you may need to take legal action and file a lawsuit. Pennsylvania follows a comparative negligence rule, meaning the degree of fault will impact the amount of compensation you may receive.
Negotiating a settlement or going to trial
After filing the claim, the insurance company may offer a settlement. This could be a lump sum payment, which might not cover all of your medical expenses, lost wages, or future needs. If the offer is insufficient, you can negotiate or take the case to trial. In Pennsylvania, a judge or jury will determine the amount of compensation you deserve, considering factors like the extent of the injury, medical costs, and impact on your life.
Being Patient
When filing a TBI claim in Pennsylvania, it’s important to be prepared for a lengthy process, as negotiating a fair settlement or going to court can take time. By following these steps, you’ll improve your chances of securing the compensation you deserve for the life-altering effects of a traumatic brain injury.