Brain trauma can be one of the most debilitating injuries a person can suffer, however it is also one of the hardest types of harm to detect timely. Traumatic brain injuries (TBIs) sometimes present few or no symptoms in the hours and days after they occur, and people who do not seek medical attention immediately after an accident may not even know anything is wrong until it is too late to avoid permanent harm.
To protect your future prospects, it is important to work with a skilled personal injury attorney after suffering a TBI. A qualified Murfreesboro traumatic brain injury lawyer could help gather evidence of fault to build a strong claim for legal restitution while ensuring you meet the necessary application deadlines.
Establishing Liability for Traumatic Brain Damage
No matter how mild or nonexistent symptoms may be in the moment, it is always a good idea to seek professional medical treatment and diagnosis after any accident that results in severe whiplash or involves a direct impact to the head. Aside from ensuring that no serious long-term damage has been done, documentation from this initial screening can provide essential context to a civil claim regarding what short-term and long-term effects an accident could have on the individual.
In addition to proving the existence of compensable losses, a successful civil case for a traumatic brain injury requires proof that the defendant was legally negligent in some way. This involves proving that the defendant owed the injured plaintiff a duty of reasonable care, that the defendant breached that duty by acting carelessly or recklessly, and that the breach of duty was the direct—or proximate—cause of the accident that led to the plaintiff’s TBI.
While the basic elements of legal negligence are relatively straightforward, proving someone else was negligent through a preponderance of the evidence can be challenging, especially if the full scope of a brain injury takes several weeks or months to become clear. Assistance from an experienced TBI attorney in the area could make all the difference in how efficiently and effectively a plaintiff can build their case for compensation
Potential Barriers to Recovery in Murfreesboro
Even though traumatic brain damage can often have lifelong impacts on victims, evidence that the plaintiff is partially responsible for their injuries could significantly lessen the amount of compensation they could recover through a lawsuit. In Tennessee, case precedent allows courts to reduce a plaintiff’s damage award by whatever percentage of fault they bear for their accident, and plaintiffs found 50 percent at fault or more are generally barred from recovering damages from a lawsuit at all.
Additionally, Tennessee has a particular harsh statute of limitations for civil cases compared to other states, as Tennessee Code §28-3-104(a)(1)(A) allows only one year following the discovery of an injury for the injured party to start filing suit. Once retained, a dedicated lawyer in Murfreesboro could help contest any allegations of comparative fault made against a TBI victim, as well as ensure they get their case started prior to the applicable filing deadline.
Contact a Murfreesboro Traumatic Brain Injury Attorney for Help
Unfortunately, following a severe traumatic brain injury, a person could be left with permanent cognitive, intellectual, or emotional deficiencies. However, there is a way for victims of negligence to seek fair financial restitution for the effects of a TBI, provided they can prove another party’s negligence in private negotiations or a civil court case.
Throughout either course of action, a Murfreesboro traumatic brain injury lawyer could provide guidance and support to a TBI victim and their family as they seek the compensation they deserve. Call today to learn how legal counsel could help in your situation.