Head injuries can have life-altering consequences, leaving survivors and their families struggling with medical bills, lost wages, permanent injuries and emotional pain. If you’ve suffered a head injury in Indiana, understanding your legal rights and options is crucial. Filing a head injury claim can help you secure the compensation you need to rebuild your life.

This guide will walk you through what you need to know about filing a head injury claim in Indiana. From understanding the types of traumatic brain injuries (TBI) to navigating Indiana’s personal injury laws, this blog post has you covered.

Understanding Head Injuries

Head injuries, particularly traumatic brain injuries (TBI), can range from mild to severe. Many survivors face long-term health challenges, making prompt legal action crucial.

Types of Head Injuries

• Traumatic Brain Injury (TBI): This is a type of head injury sometimes caused by a sudden impact or jolt to the head, disrupting the normal function of the brain. This can result in physical and cognitive impairments.
• Concussion: Often caused by blows to the head or whiplash injuries but not necessarily, concussions are a form of minor traumatic brain injury (MTBI). Symptoms include dizziness, headache, and confusion.
• Contusions (Brain Bruising): These usually occur due to blunt force trauma and may require surgical treatment in severe cases.
• Skull Fracture: A skull fracture occurs when there is a break in one or more bones of the skull. These injuries often require immediate medical attention and can result in long-lasting complications.
• Penetrating Injuries: Where an object pierces the skull, leading to potential long-term complications.
• Diffuse Axonal Injury (DAI): A severe form of TBI involving widespread damage to brain cells usually due to forceful movement, often seen in high-impact car accidents.
• All Head Injuries:  It does not take an object hitting your head or your head hitting something to sustain a head injury.

Common Causes of Head and Brain Injuries

Several scenarios can lead to serious head injuries:

• Car Accidents (e.g., whiplash injuries, TBI)
• Falls (slip and fall accidents are among the leading causes of head injuries)
• Workplace Accidents (e.g., construction site injuries or industrial accidents)
• Sports-Related Incidents (common among athletes or children involved in rigorous physical activities)
• Assaults or Violent Acts

Understanding the cause of your head injury will help determine liability when filing a claim.

The Legal Framework for Indiana Head Injury Claims

Filing a head injury claim in Indiana requires navigating specific personal injury laws. Here’s what you should know:

Statute of Limitations

The statute of limitations in Indiana determines how long you have to file a personal injury lawsuit. For head injuries, it’s typically two years from the date of the injury unless a governmental agency is involved and then it is substantially less. Missing this deadline can void your right to seek compensation. However, exceptions may apply in certain cases, such as injuries to minors.

Indiana Negligence Laws

Indiana follows a comparative fault system. This means that your compensation may be reduced if you’re found partially at fault for your injury. For example, if you were 20% responsible, your settlement would be reduced by 20%. However, if you’re more than 50% at fault, you may not recover damages.

Understanding these laws is essential for documenting a strong claim and maximizing your personal injury settlement.

Steps to Filing a Head Injury Claim in Indiana

Follow these steps:

1. Schedule an Initial Consultation with a Personal Injury Attorney

Hiring an experienced Indiana personal injury attorney is one of the most important steps. They can assess your case, explain your rights, and guide you through the legal process. Look for a lawyer who is familiar with TBI and blunt force trauma cases for the best results.

2. Gather Evidence and Documentation

A strong claim relies on solid evidence. Work with your head injury lawyer to collect the following:

• Medical Records detailing your head injury diagnosis and treatment
• Police Reports (if applicable, such as in car accident cases)
• Photos or Videos of the accident scene and visible injuries
• Witness Statements to corroborate your version of events
• Proof of Financial Losses, such as medical bills, lost wages, and other out-of-pocket expenses

3. File the Claim

Once all evidence is gathered and you have healed fully or (as much as possible), your head injury attorney will file the claim on your behalf. This involves submitting the necessary documents and negotiating directly with the at-fault party’s insurance company.

4. Negotiation and Settlement

Most personal injury claims are settled out of court. During this phase, your lawyer will negotiate with insurance companies to secure fair compensation. Settlements typically cover:

• Medical expenses
• Rehabilitation costs
• Pain and suffering
• Lost wages
• Future medical care

5. Prepare for Litigation if Necessary

If a fair settlement cannot be reached, your case may go to court. Your lawyer will represent you during the litigation process to fight for the compensation you deserve.

Supporting Resources for Head Injury Survivors in Indiana

Indiana offers various resources to help head injury survivors and their families. Here are a few recommendations:

Support Groups and Organizations

• Brain Injury Association of Indiana (BIAI): Provides support, resources, and advocacy for TBI survivors and their loved ones.
• Rehabilitation Hospitals: Centers such as the Rehabilitation Hospital of Indiana offer specialized recovery programs for head injury patients.

These resources can provide guidance and support as you recover and work through your legal claim.

Frequently Asked Questions

How much compensation can I expect for my head injury claim?

Compensation varies based on factors like the severity of the injury, medical expenses, lost wages, whether or not your injuries are temporary or permanent and emotional distress. Your attorney can help estimate the potential settlement value.

How long does it take to resolve a claim?

The personal injury claim timeline depends on the complexity of your case. While some cases settle within a few months, others may take a year or more if they go to court and if continued medical care is necessary.

What should I avoid when filing a claim?

Avoid accepting initial settlement offers from insurance companies without consulting an attorney. These are often lower than what you’re entitled to.  You should always obtain an attorney as soon as possible following your injury so vital evidence can be obtained and retained.

KEY TAKEAWAYS

Navigating a head injury claim in Indiana may feel overwhelming, but you don’t have to go through it alone. With thorough preparation and the support of an experienced attorney, you can secure the compensation you deserve.

If you or a loved one has suffered from a head injury, don’t wait to seek legal advice. Contact a trusted Indiana personal injury lawyer today to discuss your case immediately. The sooner you act, the stronger your claim will be and the less chance there is of potential evidence not being available.

Have you recently suffered a serious head injury that has caused you to suffer financial losses in Indiana? Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to speak with a seasoned head injury lawyer in Indianapolis, Indiana. Schedule a no-fee case evaluation, today. Act now before time runs out on your claim!

You Should Also Read:

How to Cope After a Head Injury: 10 Tips for Recovery
The Road to Justice: Filing a Traumatic Brain Injury Lawsuit in Indiana
How to Obtain Justice After a Loved One Suffers a Wrongful Brain Injury