Several things are commonly missed when filing a TBI case in the State of California. Errors are also common such as exaggerating injuries or not following recommendations set forth by a physician. There are many reasons it is important to seek the help of a traumatic brain injury lawyer so you do not risk jeopardizing the compensation you deserve.
Traumatic Brain Injury (TBI) Settlement Cases in California
The quality of life for a victim of a TBI will never be easy. Even mild cases will impact the livelihood of a TBI victim for years. If the case is considered catastrophic, the victim faces the consequences, costs, and severe challenges for the rest of their life. The State of California allows victims of TBI that is due to the negligence of another to seek compensation for their loss.
Working with a TBI lawyer will be beneficial to your settlement amount. Insurance companies understand the stakes in play with these serious injuries and will look for any opportunity to reduce their payout. Having the right legal representation if you've suffered a TBI is your best chance of receiving the compensation you deserve.
Three Things Not To Miss in Your TBI Case
You may be eligible to receive punitive damages for a traumatic brain injury, depending on how the accident occurred. These damages are intended to make the party responsible for your TBI compensate you for your suffering and hopefully prevent them from behaving in such a way again in the future.
Determining what your compensation should be in your case can be challenging. You will want the help of a traumatic injury lawyer to help you through this difficult time. Not only should your settlement include covering your medical expenses, but it should also cover your pain and suffering. California traumatic injury lawyers understand what is acceptable for compensation and will help you seek a fair settlement.
When filing a TBI claim in California, there are three things you do not want to miss:
1. Not Filing a Claim On Time
There is a statute of limitations in California regarding how much time will be allowed after an accident when a victim can file for compensation. This statute or deadline is set at two years, so you will want a traumatic injury lawyer working with you to ensure all appropriate paperwork is filed on time.
One of the major factors in a TBI case is to file on time. California courts will not allow you to seek compensation if you miss the filing deadline.
2. Not Following Physician Recommendations
Following your physician's recommendations is essential when you file a TBI claim. The insurance company for the defendant will look into your medical files to ensure these recommendations are being carried out. If you do not follow the medical recommendations, the insurance company can use it against you. The insurance can argue the seriousness of the injury is because of your neglect and not their clients. If they are able to prove or show cause for this error, it will impact the amount of your settlement.
3. Signing Settlement With Insurance Without Lawyer Approval
Many victims of a TBI make the mistake of signing a settlement with an insurance company without seeking legal representation. Insurance companies are going to try and convince you to settle for a minimal amount and offer you a quick fix. These offers should not be accepted without first talking to a traumatic injury lawyer.
Once you settle an agreement with the insurance company, it could jeopardize your future. You are letting the insurance off the hook by signing, and if health issues arise later, you will not be allowed to seek further compensation. Legal representation is essential to protect your future and your rights.
Don't Miss Out on Legal Representation With Your TBI Case
A TBI is going to create a lot of pressing issues in your life, such as altered cognitive functioning, medical expenses, accident-related property concerns, and even memory problems. Not having the assistance of a traumatic injury lawyer working with you through this challenging injury could cause you to lose the compensation you deserve. No amount of a settlement will make the TBI justified, but it can help you through other difficult areas in your life.
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