In the heart of Indiana, where communities thrive on resilience and solidarity, traumatic brain injuries (TBIs) cast a long shadow over countless lives. These injuries, often sudden and severe, can alter the course of life not only for the victim but also for their family, turning everyday moments into monumental challenges. If you or a loved one has suffered from a traumatic brain incident due to someone else’s negligence, understanding your legal rights is crucial.

This blog post will guide you through the steps of filing a personal injury lawsuit in Indiana, offering insight into the complexities of TBI cases and how compensation can help pave the way toward recovery.

Call 317-881-2700 When You Need a TBI Attorney in Indianapolis Indiana

Legal Aspects of Traumatic Brain Injuries (TBI) in Indiana

Traumatic brain injuries occur when an external force injures the brain, affecting its ability to function normally. Such head injuries range from minor concussions to severe brain damage, each with unique symptoms and recovery paths. In Indiana, TBIs are commonly caused by car accidents, falls, and sports injuries, impacting thousands of residents annually. The repercussions extend beyond physical health, affecting emotional well-being and financial stability, necessitating comprehensive medical and legal support.

Suing for a TBI

At the core of any TBI lawsuit is the concept of negligence, which refers to a failure to take reasonable care, resulting in injury to another person. Proving negligence involves demonstrating that the defendant owed a duty of care, breached that duty, and caused harm as a result. In Indiana, the complexities of traumatic brain injury cases make seeking legal representation essential. An experienced brain injury attorney can help gather evidence, document a compelling case, and advocate for full and fair compensation, ensuring that victims and their families are not left to shoulder the burden alone.

Filing a TBI Lawsuit in Indiana

Initiating a traumatic brain injury lawsuit in Indiana involves several crucial steps, each requiring meticulous attention to detail. Firstly, understanding the statute of limitations is vital, as Indiana law typically allows two years from the date of the injury to file a lawsuit. Gathering evidence, such as medical records, accident reports, photographs, video, expert testimony and witness statements, forms the backbone of your case. With the guidance of a skilled TBI lawyer, you can navigate these steps efficiently, maximizing your chances of a favorable outcome.

The Value of a Traumatic Brain Injury Lawsuit

Compensation from a TBI lawsuit can significantly aid recovery by covering medical bills, lost wages, and future care costs. Beyond these tangible benefits, Indiana law also recognizes non-economic damages, such as pain and suffering and loss of consortium, which account for the emotional toll of a brain injury. Understanding the full scope of personal injury damages is crucial when pursuing justice, as it ensures that victims receive the comprehensive support they need to rebuild their lives as much as possible.

The Role of a Traumatic Brain Injury Attorney

Partnering with a traumatic brain injury attorney offers numerous advantages, from expert legal advice to dedicated case management. An experienced lawyer can assess the details of your case, negotiate with insurance companies, and represent your interests in court, providing peace of mind during a challenging time.

FAQs About Brain Injuries and Legal Rights in Indiana

What are the most common causes of TBIs in Indiana?

Traumatic brain injuries can be caused by a variety of factors. In Indiana, the most common causes of TBIs are falls, motor vehicle accidents, and sports injuries. Falls account for the majority of TBIs, especially in older adults. Motor vehicle accidents are also a major factor, with both drivers and passengers at risk for head injuries. Sports-related TBIs are becoming increasingly prevalent, especially in high-contact sports such as football and hockey.

Regardless of the cause, TBIs can have serious and long-lasting effects on an individual’s physical and cognitive well-being. It’s important to take steps to prevent TBIs whenever possible and seek medical attention immediately if a head injury occurs.

How long do I have to file a TBI lawsuit in Indiana?

In Indiana, the statute of limitations for a TBI lawsuit is two years from the date of the injury in most situations. This means that you have two years from the date of your injury to file a lawsuit. It is crucial to act promptly as this deadline is strictly enforced, and failure to file on time may result in forfeiting your right to seek legal action.

So, if you or a loved one has suffered from a traumatic brain injury, it is time to reach out to an experienced attorney to guide you through the process of filing a lawsuit and ensure that your legal rights are protected. It is actually vital to hire a personal injury attorney as soon as possible after the injury causing incident as evidence must be preserved and obtained.

What types of compensation can I receive from a TBI lawsuit?

Personal injury damages for a traumatic brain injury (TBI) may include medical expenses, lost wages, loss of earning capacity, pain and suffering, and even future damages like prolonged medical care or permanent disabilities. While no amount of money can completely heal the harm caused by a TBI, pursuing personal injury damages can help alleviate some of the financial stress and emotional damage caused by the injury.

Can family members also pursue legal action for their loved one’s TBI?

A traumatic brain injury (TBI) can have devastating consequences on an individual and their family. While the affected person may be the main plaintiff in a TBI lawsuit, it’s important to note that family members may also have legal standing to pursue legal action on their loved one’s behalf. This could involve seeking compensation for medical bills, lost wages, and other damages resulting from the TBI. Additionally, family members may have rights to certain benefits or insurance policies tied to their loved one’s injury. Ultimately, every situation is different, but it’s worth exploring all avenues of legal recourse to ensure that justice is served and the family can move forward with peace of mind.

IN SUMMARY

Filing a traumatic brain injury lawsuit in Indiana is a complex yet vital step toward securing justice and support for victims and their families. By understanding the intricacies of TBI cases, the role of legal representation, and the potential for compensation, you can make informed decisions that pave the way for recovery. If you or a loved one is affected by a serious head injury, don’t hesitate to seek legal advice and connect with a local TBI attorney to explore your options. Together, we can work toward a future where every survivor receives the care and justice they deserve.

Were you or a loved one wrongfully injured and as a result, suffered a serious head injury? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation, today. Our Indianapolis brain injury lawyers are here to help you and your family recover the fullest settlement possible, whether in or outside the courtroom. We can hold meetings over the phone, at your home, online, or at the hospital if necessary.

Brain injuries are serious on all levels. Whether a minor concussion or a catastrophic TBI, a victim of a brain injury can experience severe ramifications, including a lengthy and arduous recovery and rehabilitation process, and potentially even lifelong disabilities or challenges. Brain injury victims are also known to endure mental and emotional difficulties during and after recovery, which can persist throughout their lives. These consequences can be life-changing, and even last a lifetime.

Needless to say, if your loved one was wrongly injured in an accident that caused them to suffer a brain injury, they deserve absolute justice, and so does your family. The best way to obtain justice after a loved one suffers a wrongful brain injury is to bring about a civil lawsuit against the at-fault party for the pursuit of financial compensation, if the insurance company for the at-fault person or company will not fully and fairly settle the claim.

Continue reading to learn more about Indiana brain injury claims, including how to get started on yours. With the help of a trusted and skilled personal injury law firm in Indianapolis.

TBI Accident Lawyers Indianapolis Indiana 317-881-2700

Traumatic Brain Injuries (TBI’s)

A traumatic brain injury (TBI) is a very serious and sometimes catastrophic injury. Although it is usually obvious when a person has suffered injury to the head, it is common for victims to not know or feel like they have a brain injury because such symptoms can appear days or weeks later and the injured person may not even notice the symptoms because their brain is not functioning normally and it is not until their loved ones tell them what they see going on before the symptoms can get addressed. One such phenomenon is brashly known as the “Talk-and-Die” syndrome, which happens when a person seems normal after an accident involving head trauma, even speaking and carrying on with their daily routines, but then dies a few days later from internal bleeding in the brain.

Common signs of brain trauma include unconsciousness, vomiting, dizziness, slurred speech, extreme fatigue, migraines/headaches, mental confusion, extreme mood changes, dilated pupils, bruising and difficulty walking. If you or a loved one ever experiences any type of concerning impact to the head or neck, it is important to seek immediate medical attention to ensure that the skull and brain were not damaged.

How to File a Brain Injury Claim in Indiana

If your loved one loses their mental capacity to manage their own legal and personal affairs due to their traumatic brain injury, you may petition for guardianship. Upon being granted guardianship by the court, you may pursue a brain injury claim against the at-fault party who caused your loved one’s catastrophic accident. If the brain injury is not that severe, the injured person may bring the claim themselves.

Here in Indiana, the law permits immediate family members to bring about a brain injury claim on behalf of their injured loved one. Immediate family members are considered to be lawful spouses, children, and dependents. If your loved one has passed away due to their traumatic brain injury, you may bring about a wrongful death claim on their behalf.

In order to file a brain injury claim in Indiana, it is critical that you retain professional legal counsel from a seasoned personal injury law firm that specializes in head and brain injury cases. With the help of an experienced brain injury lawyer, you may recover compensation for past, current, and future damages, such as hospital bills, medical expenses, loss of Social Security benefits, lost wages, loss of source of income, pain-and-suffering, mental anguish, loss of consorti u m, loss of companionship, reduced quality of life, and much more.

If you are ready to file a brain injury claim on behalf of your loved one, act fast. Under law, you only have 2 years from the date of the accident to do so and even less time if the at fault party is a governmental agency. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced brain injury attorney in Indianapolis, Indiana. We offer free initial case evaluations, over the phone, via video, or in person at our office. The sooner you call, the sooner we can start obtaining evidence critical to your case.

Craven, Hoover, & Blazek P.C.

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The Road to Justice: Filing a Traumatic Brain Injury Lawsuit in Indiana