A traumatic brain injury is one that occurs when the skull or head hits an object or an object fractures or pierces the skull The brain can also be injured if there is any type of shearing to the brain tissue, even if there was nothing that struck the head. Anyone who has suffered any kind of blow or injury to the head should seek medical attention immediately.
What type of evidence is needed in a brain injury lawsuit?
A great deal of the evidence used in a brain injury lawsuit is through the use of medical testimony. This includes sworn testimony by a medical expert, as well as all of the medical records of the victim. The medical expert will usually testify to the jury the type of injury the victim suffered and the extent that injury has impacted the victim’s life, as well as any future treatment and effect there may be.
A Miami FL brain injury attorney not only needs evidence to prove the extent of the victim’s brain injury and the losses this injury has caused but he or she must also present evidence which shows the at-fault party’s liability for those losses. This is why it is critical for the victim to not speak with the other party’s insurance company at any time during this process. The victim should let their lawyer handle all communication with both the other party’s insurance company and even their own company.
The lawyer will also handle any settlement negotiations for the victim with the insurance company. Many personal injury lawsuits never actually make it to the courtroom because both parties are able to reach a settlement amount that is fair and just for the victim. A brain injury victim should never try to settle the claim on their own because of how complex the calculations for future losses are. A lawyer will also ensure that the victim’s rights are protected.
Let a Brain Injury Attorney Help
If you or a loved one has suffered a brain injury in an accident caused by another party, contact our law firm to find out what legal options you may have. A Miami, FL brain injury lawyer will work diligently to get you the financial compensation you deserve. Call The Law Offices of Needle & Ellenberg, P.A. today to schedule a free and confidential case evaluation.