Someone else’s negligence caused your brain injury. It was an accident that never should have happened, and it has significantly changed your life. You deserve to make a fair recovery for your brain injury, but that recovery may not happen automatically. Instead, you might have to protect your rights by pursuing a brain injury lawsuit.
Taking legal action may sound intimidating and overwhelming, but you don’t have to do it alone. Our brain injury legal team, which includes a staff nurse, brain injury lawyers, and others, can guide you every step of the way. Our lawyers will never hesitate to go to court if a fair settlement can’t be reached, and we want to make sure that you are comfortable with how the legal process works before we get started.
Brain Injury Lawsuit Overview
Every brain injury case is unique. However, the steps in each case are essentially the same. If you’ve suffered a brain injury in a car crash, truck wreck, slip and fall accident, medical malpractice incident, or in another accident, your case may include the following steps.
Attorney Review of Your Claim
Your first step is to schedule a free meeting with an attorney to review your case. At this meeting, you will share details of the accident with your lawyer, who will explain what you must prove to recover damages and how your case will work. Generally, you may have a brain injury case if you can prove that:
- The person who caused your accident owed you a duty of care.
- That person failed to act as a reasonable person would have acted in the same situation, thereby breaching his duty of care.
- His breach of duty caused your brain injury.
- You are legally entitled to damages.
You will need convincing evidence to prove each element of negligence described above. Depending on the circumstances of how you acquired your brain injury, the evidence may include:
- Photographs or videos from the accident scene
- Documents that describe what caused your injury
- Witness statements
- Your medical records
- Other evidence that describes what happened or the extent of your injuries
Your attorney will negotiate with the appropriate insurance companies while pursuing your case in court. Insurance negotiations may start any time after you hire a lawyer and continue until your case goes to trial. If a reasonable settlement can be reached, then your case may end with the insurance settlement. However, our experienced lawyers will never sacrifice your fair recovery for a quick settlement. We are ready to go to court to protect your financial interests.
Filing a Complaint in Court
A complaint must be filed in court before the statute of limitations expires. The complaint will explain the legal basis of your case and the recovery that you seek. In many cases, your lawsuit will be filed in a Kentucky Circuit Court. Your complaint must be drafted and filed according to the Supreme Court of Kentucky Rules.
Arguing Motions and Attending to Pre-trial Matters
Motions about admissible evidence and motions to decide your case (such as for dismissal or summary judgment) may be argued before your case goes to trial. Your attorney will decide which motions to bring and will argue against any motions brought by the defendant(s) in your case.
Trial and Verdict
At trial, your lawyer will present convincing evidence and make persuasive arguments. At the end of the trial, the judge or jury (if applicable) will announce a verdict.
Find Out More About YOUR Brain Injury Case
Since every brain injury lawsuit is based on different facts, and every brain injury recovery is dependent on different variables, we can only provide you with a possible outline of the legal recovery process here.
Have You Suffered A Brain Injury?
If you've suffered a brain injury you need to speak with an experienced brain injury lawyer as soon as possible. Contact us online or call our office directly at 888.450.4456 to schedule a free consultation.