Filing a head injury claim is similar to putting together most other cases involving an accident, but the discovery part of the process is usually a bit more complicated. This is because damage to the brain can manifest in a number of ways, and these are occasionally difficult to prove in court. For this reason, it is a good idea for anyone who has suffered this kind of harm to speak with an attorney experienced in this area. A reputable legal representative will be able to track down the information that will support a case and find the experts that will back up the information in court.
While damage to the brain can cause a number of effects, a head injury claim will likely encompass one of two major areas. When someone suffers an incident that involves harm to this area, it will either be a closed brain or a penetrating brain injury. The former is when a person suffers trauma to the skull, the latter occurs when an object penetrates through the skull and harms brain tissue directly. Closed brain incidents typically occur during car wrecks, falls or while playing sports. Penetrating accidents are often gunshot wounds or involve workplace hazards.
While the mechanism for the damage is different in both cases, the resulting effects are often similar. Because the brain is the control center of the body, it can cause debilitating, permanent disabilities when it is hurt. This will be the basis of the head injury claim, because these debilitations are often severe enough to keep someone from being able to work or function normally. If this is the case, then hiring a lawyer to expedite the process is not only a smart idea, it is often the difference between securing enough to get by and being rejected outright.
If the accident is the fault of others, then a victim will possibly be able to get restitution from the responsible party. Workplace or driver negligence is a common cause for these incidents, and many legal professionals have long histories of case study in these areas. There are many reasons why a victim will want to have a lawyer on their side during the head injury claim. Before the case goes to court or the defendants are named, the attorney will consult with the victim about his or her options. Together, they will figure out what information will be needed to support the case and where to find it.
Most people will not have the expertise to track down supporting documents and sources that can make a head injury claim successful. This is something that these experts do on a daily basis, so they are able to handle this without a problem. However, it is during the deposition and discovery phase where having a legal expert really counts. During this part of the process, the defendant will have his or her own lawyers, and they will attempt to discount the medical evidence on the table and undermine the victim’s credibility. Without an experienced ally, this part of the process can potentially tear a case apart and get it thrown out. Those that want to give themselves the best chance for restitution should consider hiring an personal injury attorney to ensure this doesn’t happen.