Why You Should Hire a TBI Lawyer
If you’re suffering from a brain injury, you have already incurred, and may continue to incur for the rest of your life, expenses related to diagnosing, treating, recovering from, and living with your injury. Read on to learn more about the benefits of hiring an experienced brain injury lawyer for your brain related accident.
How a Brain Injury Attorney Can Help
Brain injuries are not simple injuries and their treatment and long-term consequences are not fully understood by the medical community. Our legal system is complex and based on law, procedures, and rules that can seem archaic and counter-intuitive to those without proper training. Trying to navigate a complex system to recover damages from a complicated injury on your own probably seems daunting and impossible - and it should.
If the person responsible for your injuries is a company (accompanied by a cadre of attorneys) or an individual who has the means to hire a Lawyer to defend himself against your lawsuit, there is very little chance that you will be able to recover all of the damages to which you are entitled. You may feel bullied into accepting an out-of-court settlement for far less than what your case merits. Rely on a competent and experienced lawyer to help you navigate the process and fight for all the compensation you deserve. Depending on the facts of your case, such an attorney take some or all of the below actions.
Filing Your Lawsuit
In New York, you must file your brain injury lawsuit within three years of the date of the accident. This is known as the statute of limitations. Once your attorney agrees to accept your case, the next step is to set about preparing to file your lawsuit. This first and foremost involves determining who the proper defendant is. It might seem like a simple question, but it can become tricky more easily than you might think.
For example, if you received your injury in a car accident, the driver will almost certainly be a proper defendant. But if he was driving while on the job, can his employer also be sued? What about injuries on property? Is the occupant of the property solely responsible or can the owner or a contractor conducting repairs at the time also be held responsible? Figuring out who to hold responsible is a critical first step.
If you sue the wrong defendant, that person can ask the court to dismiss your suit entirely. If the court grants that motion, you are left starting from scratch and may run up against the statute of limitations. Not filing a timely suit against the proper defendant will prevent you from recovering any damages at all.
Your case may ultimately proceed to trial and be heard by a jury. However, the vast majority of brain injury cases never see a courtroom because the parties reach an out of court settlement. After you file your lawsuit, you continue to be the driver of your case. Your attorney may bring you a settlement offer and provide a recommendation regarding whether or not you should accept it, but ultimately you control how you handle your case.
Negotiation
Negotiating with the other party will likely be an ongoing endeavor. Your attorney may reach out to or be contacted by the defendant soon after your lawsuit is filed and engage in early settlement negotiations. Almost certainly, there will be insurance companies involved. While insurance companies are not inherently evil organizations, their goal is to minimize the amount of money they pay out for injury to protect their bottom line. Inevitably, the first off made by an insurance company is a low-ball offer they hope you take and walk quietly away with. Again, you may choose to do so. But if you don’t negotiations will continue.
Note that negotiations can continue, and you can accept a settlement, up until the point at which the jury begins deliberations on your case.
Investigation
Investigation is critical to any case and a good investigator adds immense value to the team working on your case. Of course, the exact way in which the investigation proceeds depends on the facts of the case. Investigators usually join the team and do research on your case, conduct interviews with witnesses, gather details about the other parties, and any other information gathering that might be required by your case.
As your investigator gathers more details about your case and obtains more information, this new information may prove damaging to the defendant and the involved insurance companies. This makes your negotiating position stronger and can be used to reengage in negotiations and potentially increase your settlement offer.
Jury Trial
If your case proceeds to trial, it will be heard by a jury. Selecting a jury in and of itself is of monumental importance because this group of people will not only determine who is at fault, but also the amount of any damages to which you are entitled. Jury selection is an art and requires an ability to read people and know which questions to ask potential jurors to seat a jury that is potentially favorable to your case.
Once a jury is impaneled, the first step is for both sides to give opening statements, starting with your attorney. This is essentially where the jury hears your story for the first time. A masterful opening statement sets the tone for the rest of the trial and tells the jury what evidence they will hear and who they should hold responsible for your injuries. The defendant’s attorney will also present an opening statement so telling your story in an impactful way is critically important.
After opening statements, the jury will hear your case through evidence and witnesses. Evidence may include documents, videos, diagrams, accident scene photos, or any number of other things useful to show the jury the facts of your case. Expert witnesses may be called as well as lay witnesses (those without specialized technical or scientific expertise) including eyewitnesses and those people who can speak to how your injury has affected your life and family.
At the close of your case, each side has the chance to present a closing argument. Whereas an opening statement sets the stage for the case, a closing argument is your attorney’s last chance to convince the jury to rule for you by reviewing the evidence presented and emphasizing the defendant’s liability.
Contact an Experienced Brain Injury Attorney
Getting the compensation for your injury you deserve could be the fight of your life and you need someone who will work tirelessly on your case from day one.
Ivan M. Diamond has nearly 25 years of experience representing people just like you in New York City and the Bronx who have suffered personal injury because of the negligence of others. While no two cases are alike and there is no guarantee of any particular result in your case, Mr. Diamond has recovered millions of dollars for his clients and knows how to take on complex cases against powerful defendants.
Contact him online or at (718) 588-2000 today for your free initial consultation and case analysis. Leave your case in the hands of an experienced, compassionate, and competent brain injury attorney while you work to rebuild your life and heal your body and mind after your injury.
