If you have suffered a brain injury and you feel someone is legally liable for your injury then you can file a lawsuit and claim compensation. However, the first thing to do after the accident is to contact a personal injury lawyer, who has extensive experience in brain injury lawsuits. Even if the matter has not reached the point of a lawsuit and you are negotiating with the insurance company, or employer, it is essential to consult a lawyer.
Legal Basis of Your Case
When you are holding another person responsible for your brain injury then the legal basis of your case will most probably be negligence of the other party. In order to make your case strong, you should prove that the accident happened in spite of your exercising due care and the other party had failed to act in a reasonable manner or with care. Secondly, the action of the party at fault was the direct cause of your brain injury and the extent of injury is measurable under the law.
Preparation for the Litigation
While preparing for your case an experienced lawyer will ask you how the head injury took place and the details of the accident. You will be asked to recall what happened before, during and after the accident, and the medical treatment you have been undergoing since the accident. If you are unable to recall all the details of the accident, it is okay, as it is common for head injury victims to suffer some memory loss.
However, be very honest with your lawyer, and try to piece together all the details of the event by gathering information from accident reports, and statements of witnesses who were present at the time of the accident. Secondly, do not be in a hurry to claim compensation, as symptoms of brain injuries take time to show up fully, and the treatment takes time as well. The latter point is you may not properly assess what your treatment is going to cost you over the years accurately if you make a financial judgment too quickly.