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A severe brain injury could change the course of your life forever. Between extensive rehabilitation and surgeries to ongoing pain management and medication requirements, you might not ever be able to get back to work or participate in activities that were enjoyable for you prior to your accident.
If another person’s negligence caused your brain injury, you may be able to file a civil claim with the assistance of a Trenton traumatic brain injury lawyer. Under New Jersey law, an injury victim could be entitled to recover compensation when he or she can show that another person or entity owed him or her a duty of care and that this duty of care was breached. A skilled catastrophic injury attorney could assist you with every component of this process.
Damages in Brain Injury Cases
A variety of different scenarios can lead to a brain injury, but most common among them are mistakes during a medical procedure, car crashes, trip and fall accidents, and sports-related impacts. Regardless of how an accident happens, the impact a traumatic brain injury (TBI) could have on a victim’s life is often significant.
Some TBI victims require lifelong care and personal help from an aide to get through the day. Others with traumatic brain injuries might not be able to work again, could have to change occupations, or work a reduced schedule.
According to New Jersey Revised Statutes §2A:14-2(a), you or your Trenton traumatic brain injury attorney must file a lawsuit within two years from the date of the incident that caused your brain injury in order to recover compensation from the party responsible for it. Cases filed beyond this time limit are almost always time-barred, meaning your case would be dismissed in court and you would be unable to recover any financial restitution at all.
Filing a Civil Claim
When it comes to proving fault for a traumatic brain injury, evidence such as medical records, accident reconstruction, and testimony from eyewitnesses could help show how the accident occurred. Typically, it is best for a qualified TBI lawyer in Trenton to be brought into a case early on to collect and evaluate this evidence. With sufficient evidence presented effectively, many brain injury cases could be resolved outside of court in settlement negotiations.
Courts in Trenton adhere to NJ Rev. Stat. §59:9-4, which states that a victim who was partly responsible for the accident could still recover compensation unless the victim’s percentage of fault is greater than that of other at-fault parties. This is just one reason why the preparation of proper evidence and the establishment of liability are often crucial in civil cases.
What to Look for in a Trenton Traumatic Brain Injury Attorney
As a victim of a TBI, action must be taken quickly to protect your right to file. An initial consultation with a Trenton attorney could be the first step toward determining whether to move forward with a legal claim. A Trenton traumatic brain injury lawyer could help advocate for your best interests by evaluating the individual circumstances of your case and gathering evidence to support your claims. Call today to set up a consultation and start working on pursuing compensation.