Sustaining a Traumatic Brain Injury Because of Another Party’s Negligence: What are Your Legal Options?

Sustaining a Traumatic Brain Injury Because of Another Party’s Negligence: What are Your Legal Options?

A traumatic brain injury (TBI) can be a minor concussion or a skull-penetrating injury that leads to severe brain damage. It is common following a fall; however, it can also happen in car accidents. No matter how you sustained a TBI, your diagnosis and medical treatment can get expensive. Thus, you want to understand your legal options to recover compensation for your TBI. You should click here to get an initial consultation with an experienced lawyer. To determine if you have a valid personal injury claim, your attorney will consider the following factors:

If Another Party’s Negligence Caused the Accident

If your traumatic brain injury has resulted from the negligence of another party, you can file a compensation claim. In Toledo, you must file the claim with the negligent party’s liability insurance. But you must prove this negligence to recover compensation. 

Negligent Actions of Drivers

Every motorist must take reasonable care to keep other road users safe. Thus, they should follow traffic laws and focus on the road. Negligent actions while driving include speeding, texting and driving, running a stop sign or traffic light, following too closely, not yielding, as well as drinking and driving. These negligent actions could result in a serious accident, causing severe injuries like TBI to the parties involved. But TBI is highly like in high-speed collisions. 

Linking Your TBI to the Accident

To recover compensation, you should also prove the other party’s negligence directly led to your injuries. Thus, you must get checked by a doctor right after the accident. Waiting too long to see a doctor gives the insurance company a reason to argue that your injuries may not be a result of the accident. Thus, you must not refuse medical care while still at the accident scene. You may have a TBI without knowing it. But a paramedic can detect TBI symptoms and recommend that you seek emergency medical care. By going to the ER after the accident, the insurer won’t be able to argue the link between your TBI and the accident. 

What If You Share Responsibility for the Accident?

In the state of Ohio, you should be 50% or less at fault for an accident to get compensation for resulting injuries. The total amount of compensation you will secure depends on your percentage of fault. For instance, if you are found to be 50% responsible for the accident and your claim is settled at $100, 000, you will only receive $50, 000 in compensation.  You can also visit here Now


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