A traumatic brain injury (TBI) can occur any time someone suffers a sudden impact to the head. Unfortunately, the full extent of such an injury may not be realized until days, months, or years later. Individuals who have sustained a traumatic brain injury may experience recurrent nausea and vomiting, depression, confusion, difficulty with coordination and speaking, and memory loss.
If you suffered an injury to your head in an accident caused by someone else, consulting with a knowledgeable Glastonbury traumatic brain injury lawyer may be a good idea. A proactive catastrophic injury attorney could help keep you informed of your options and protect your right to pursue compensation from a negligent party.
Time Limits for Filing TBI Cases
Timing is a vital factor in pursuing any compensation that may be owed to a TBI victim. As per General Statutes of Connecticut § 52-584, the statute of limitations or deadline to file a civil injury lawsuit in Glastonbury is two years from the date of the accident, when the injury was discovered, or when the injury should have reasonably been discovered. In conjunction with these time limits, an injured person must also file notice with a tortfeasor in as soon as 90 days after the incident.
While it is necessary to file within these legal parameters, it is also important to be able to assess how a traumatic is currently impacting and will impact the victim in the future. A Glastonbury TBI attorney could consider all factors in a plaintiff’s case to develop a plan for when and how to file a lawsuit.
Recovering Damages for a Traumatic Brain Injury
To have a valid lawsuit, a plaintiff or their Glastonbury TBI lawyer generally must be able to prove that:
- The defendant owed a duty to the plaintiff
- The defendant breached their duty by not acting reasonably or acting willfully
- The plaintiff suffered injury as a direct result of the defendant’s breach of duty
- The injury lead to compensable damages for the plaintiff
The compensation an injured person receives often depends on how a civil court views their damages. A qualified attorney could use medical bills, pay stubs, testimony from employers, and bank statements to help demonstrate the financial damages the plaintiff has incurred due to the accident.
To prove damages that do not have an inherent value such as pain and suffering or loss of consortium, the attorney may use evidence such as testimony from friends and family, psychologists, reliable medical journals, medical records, and medical expert witness testimony.
Settling a Traumatic Brain Injury Case
In many situations, the plaintiff and defendant in a civil matter decide to settle their case out of court. This route is typically taken to avoid letting a judge or jury determine who wins the case and how much compensation a plaintiff may be entitled to receive.
In a settlement, both sides negotiate to determine what would constitute fair compensation for the plaintiff’s benefits. While this may change the value of the final damage award, settling a case before trial may help avoid a costly and time-consuming legal process and allow the plaintiff to focus on their physical and emotional healing without relying on the court’s availability and timing to receive much-needed financial recovery.
Get Assistance from a Glastonbury Traumatic Brain Injury Attorney
A TBI comes with many questions, many of which are difficult to answer or may never be answered. An established Glastonbury traumatic brain injury lawyer could help answer your legal questions and fiercely work to protect your rights throughout the entire civil litigation process. Call today to set up a case evaluation.