A traumatic brain injury can leave a victim and their family with large medical bills, months or even years of lost wages, and emotional distress. If your brain injury occurred due to the negligence of another person, you might be overwhelmed and unsure of your next steps without proper legal representation. A Manchester traumatic brain injury lawyer could help you recover compensation by filing a civil lawsuit on your behalf.

Determining Fault

In accidents that cause traumatic brain injuries, multiple parties may be partially at fault, including the complainant themselves. According to the Connecticut General Statutes § 52-572h, if a jury finds multiple defendants liable for damages to the plaintiff, they will determine a percentage of liability for each party. Each defendant is then legally accountable to pay damages to the plaintiff according to their percentage of liability.

In a traumatic brain injury case stemming from a car accident, for example, the following parties could hold liability:

  • Drivers of other vehicles
  • Road maintenance workers
  • Government entities responsible for maintaining roads, signs, and lights

Before filing a lawsuit, the plaintiff’s traumatic brain injury lawyer in Manchester could spend time researching and studying the circumstances of the accident to determine who may be liable.

Plaintiff Liability

As a defense strategy, the defendant’s lawyer may attempt to convince the jury that the plaintiff is at least partially liable for their injuries. For example, a pedestrian injured in a collision may be partially liable for their injuries if they crossed a road while texting.

If the jury believes that the plaintiff has some liability, but less than the combined liability of the defendants, the damages owed to the plaintiff will be proportionately reduced by their percentage of fault. If a jury finds a plaintiff was 10 percent at fault for their accident, for example, the plaintiff may only recover 90 percent of their total damages.

Compensation for Damages

The goal of a traumatic brain injury attorney is to recover compensation on the plaintiff’s behalf. To recover compensation, plaintiffs must have suffered economic or non-economic damages.

Economic damages may include property damages in an accident, past and future lost wages, past and future medical bills, therapy and rehabilitation expenses, medical equipment costs, home modifications, and prescription expenses. Non-economic damages, which are harder to quantify, could encompass:

  • Mental anguish
  • Pain and suffering
  • Physical impairment
  • Diminished quality of life

A skilled TBI attorney in Manchester could help a plaintiff calculate both economic and non-economic damages and fight for adequate compensation.

Talk to a Manchester Traumatic Brain Injury Attorney

To find out if your case has merit and how much it might be worth, consider speaking to a seasoned Manchester traumatic brain injury lawyer. Connecticut law limits the time that complainants have to file a lawsuit, so waiting too long may prevent you from receiving compensation. An experienced lawyer could ensure that your claim is filed promptly. Focus on your recovery and healing while your attorney takes care of your pursuit of compensation. Call today for a case evaluation.