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.

Call 317-881-2700 to Speak With Our Indiana Head Injury Lawyers

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

Traumatic brain injuries (TBIs) are often called “invisible wounds” for their ability to deeply impact a person’s life while remaining unseen to the outside world. Like an iceberg lurking beneath the surface, the true depth and impact of these injuries often remain hidden, making them one of the most misunderstood and under-diagnosed conditions.

This blog post aims to shed light on the reality of living with a brain injury, the ongoing struggles faced by survivors, and how a brain injury lawyer can provide much-needed support and guidance during the recovery and legal process. Join us as we dive into the unseen world of traumatic brain injuries, and together, let’s give voice to the invisible wounds and those who suffer from them.

Call 317-881-2700 to Speak With a TBI Lawyer in Indianapolis Indiana

The Unseen Consequences of a Brain Injury

While many brain injuries are caused by significant events, such as car accidents, falls, or sports-related incidents, others can occur from everyday activities like a slip and fall or hitting your head on a cabinet. Despite their varying causes, the consequences of a TBI can be devastating and long-lasting. From physical impairments to cognitive challenges and emotional struggles, the impact of a brain injury can be far-reaching and often hidden from plain sight.

Physical Impairments

One of the most obvious consequences of a brain injury is physical impairment. Depending on the severity and location of the injury, individuals may experience motor function issues, such as balance problems, muscle weakness, vision issues or loss of coordination. These impairments can make it challenging to perform everyday tasks and can significantly impact a person’s independence and quality of life.

Cognitive Challenges

In addition to physical impairments, brain injuries can also cause cognitive challenges that affect memory, attention, and problem-solving abilities. This can make it difficult for individuals to plan, organize, or carry out tasks, leading to frustration and feelings of helplessness. These invisible wounds can also cause difficulties with communication, making it challenging to express thoughts and emotions effectively.

Emotional Struggles

The emotional impact of a brain injury is often overlooked but can be one of the most significant challenges faced by survivors. The changes in physical and cognitive abilities, coupled with the frustration and isolation that often accompany a brain injury, can lead to depression, anxiety, and other mental health issues. These invisible wounds can also cause changes in personality, making it difficult for loved ones to understand and adjust to the “new” person their loved one has become.

Life After Suffering a Traumatic Brain Injury

Living with a brain injury is a journey that involves adapting to new challenges and finding ways to navigate a changed world. This process can be overwhelming, frustrating, and at times, seem never-ending. Survivors may also face financial strains as they deal with medical expenses, loss of income, and ongoing rehabilitation costs. This is where a brain injury lawyer can provide much-needed support and guidance.

How a Brain Injury Lawyer Can Help

Navigating the legal system while dealing with a brain injury can be daunting. A brain injury lawyer can help survivors and their families by providing legal expertise, support, and compassion during these difficult times. They can assist with filing insurance claims, negotiating settlements, and seeking compensation for medical expenses, lost wages, pain and suffering, and other damages. A brain injury lawyer understands the complexities of these cases and can advocate for the rights of survivors to ensure they receive the compensation they deserve.

Giving Voice to the Invisible Wounds

Brain and head injuries may be invisible, but their impact is real and should not be overlooked or underestimated. By raising awareness and understanding of these unseen wounds, we can support survivors in their journey to adapt, overcome challenges, and live fulfilling lives. If you or a loved one has experienced a brain injury, don’t suffer in silence.

Seek support and guidance from a brain injury lawyer who can help give voice to your invisible wounds and fight for the justice and compensation you deserve. Remember, you are not alone, and your unseen struggles are valid. Let’s continue to raise awareness, educate others, and break the stigma surrounding brain injuries.

Would you like to speak with an experienced personal injury litigator who is well-versed in head and brain injury claims? Well, you can without any upfront financial obligations! Just contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed brain injury lawyer in Indianapolis. We represent victims all throughout the state of Indiana, residents of other states injured in Indiana and Indiana residents injured in other states.

Craven, Hoover, & Blazek P.C.

Tag Archives: head injury lawyer

A Step-by-Step Guide to Filing a Head Injury Claim in Indiana