You do not necessarily need to go to court to resolve your brain injury case, but going to trial may be the right option for you. If your case proceeds to a point where trial is the right move, having a lawyer represent you can be immensely helpful. It may not be feasible for you to handle your own court case, as trials are complex processes.
Our Dallas brain injury attorneys represent injured clients and those who have lost loved ones to fatal injuries. We are always willing to take cases to trial, and we could do that if a brain injury harms you or a loved one.
What Determines If My Brain Injury Case Will Go to Trial?
From the simplest perspective, your case may require trial if liable parties do not offer a fair settlement. Liable parties may be less willing to offer fair financial compensation if your damages are expensive.
Some factors that can cause a particularly expensive brain injury include:
The Type of Brain Injury
The Centers for Disease Control and Prevention (CDC) classifies brain injuries into three general categories:
- Mild brain injury
- Moderate brain injury
- Severe brain injury
There are other subcategories of brain injury, such as penetrating and non-penetrating injuries. It is the severity of your injury, however, that may determine the cost of your injury-related damages.
The Victim’s Age
BMC Neurology suggests that older victims may have more difficulty recovering from a brain injury. While age can make it more challenging to overcome your injury, younger victims can suffer severe symptoms from a brain injury.
Whether the Injury Is Disabling or Fatal
StatPearls explains that moderate and severe brain injuries can be disabling or fatal, though milder brain injuries are often not. If your brain injury is disabling, you may:
- Need long-term medical treatment, which can be very expensive
- Need extensive rehabilitation services
- Require in-home caregiver services or may need one or more loved ones to care for you
- Endure pain and suffering from the disabling injury
If your loved one suffered a fatal brain injury, you can request monetary compensation for economic and non-economic damages that may require a large financial settlement. An injury attorney can help you with a wrongful death claim that usually involves filing a lawsuit.
If the negligent parties in your case are unwilling to provide fair compensation, trial may become the only acceptable action.
The Severity of the Victim’s Pain and Suffering
Pain and suffering is common among brain injury victims, but each victim may experience vastly different types of pain and suffering.
Some brain injury victims may recover relatively quickly and not experience severe pain. Others may experience severe physical pain, a long recovery timeline, and other suffering. Those who endure severe pain and suffering may deserve more compensation, and their case may be more likely to go to trial.
The Types of Medical Care You Need for the Injury
While most forms of medical care are costly, some are particularly expensive, including:
- Emergency medical transport
- Hospital stays
These and other high-cost medical care can increase your settlement demands and ultimately lead your case to court.
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Reasons to Hire a Brain Injury Lawyer to Represent You
There are several reasons to hire a brain injury lawyer to represent you and fight for the resolution of your brain injury case. Some top reasons include the following:
- The ability to take your case to trial: You should be able to go to trial if necessary. Without a lawyer, you may be unable or unwilling to file a lawsuit or complete a trial. Our personal injury attorneys have trial experience and will prepare your case for trial from the outset.
- The importance of your recovery: Your brain injury requires your complete attention. If you let a lawyer from our team handle your case, you can free up more time to focus on your health.
- The experience a personal injury lawyer provides: Our firm’s familiarity with filing claims and lawsuits and completing settlement negotiations and can help your case.
- The complexity of brain injuries: Brain injury cases can be especially complicated, as these injuries can cause a complex array of symptoms. We will retain medical experts to assist in your case, and our lawyers are also familiar with the medical and human aspects of brain injuries.
Our firm prides itself on helping brain injury victims recover, and we strive to do that by providing the financial recovery you need for medical care and other damages.
Contingency Fees Are Another Reason to Hire a Lawyer from Our Team
Our firm accepts injury cases on a contingency fee agreement, which ensures every brain injury victim can hire our team without financial concern. We:
- Don’t require an upfront payment when you hire us for your brain injury case.
- Pay for any filing fees, expert fees, and other case-related expenses.
- Receive our attorney fee for legal representation only if we secure financial compensation from you.
We make it easy and cost-effective to get legal help after a brain injury.
Recoverable Compensatory Damages in Brain Injury Claim Cases
Our attorneys will seek compensation for:
- Medical care
- Pain and suffering (emotional distress, emotional anguish, post-traumatic stress disorder or PTSD)
- Loss of income and diminished earning power
- Rehabilitation services
- Mental health treatment (therapy, counseling)
- Loss of consortium
- Loss of companionship
- Loss of enjoyment of life
- Impaired quality of life
- Other related intangible losses
We will also include any other monetary damages you’ve suffered in our settlement demands or court case.
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Call Loncar Lyon Jenkins Today for a Free Consultation for a Brain Injury Case
We may have a deadline for resolving your brain injury case, so do not wait to contact our team. When you want to seek justice for a serious injury, call in the Strong Arm.
We will guide you through the legal process and help you pursue monetary recovery, whether it is an insurance settlement agreement or a court-ordered award. Call Loncar Lyon Jenkins today for your free consultation.