Can I Sue for Brain Injury After a Car Accident?
A car accident can have devastating consequences, including serious injuries that may not be immediately apparent. One of the most concerning injuries resulting from a collision is a traumatic brain injury (TBI). A TBI can have lasting effects on your ability to work, interact with loved ones, and live your daily life. If you or a loved one suffered a brain injury in an Indianapolis car accident, you may be wondering if you can sue for damages. In many cases, the answer is yes. Read on as we discuss what you need to know about this important issue. If you or a family member has suffered a TBI in a crash in Indiana, contact Lee Cossell & Feagley to discuss your options with a skilled and experienced Indianapolis brain injury lawyer.
Symptoms of Brain Injuries After a Car Accident
Brain injuries from car accidents often result from the violent forces that occur during a collision. Sudden stops, rapid acceleration, vehicle ejection, or impact on the car’s interior can cause the brain to move inside the skull, leading to concussions, contusions, or even more severe forms of traumatic brain injury.
Common symptoms of a brain injury after a car accident may include:
- Headaches
- Confusion or disorientation
- Dizziness or loss of balance
- Sensitivity to light or sound
- Memory loss or difficulty concentrating
- Changes in mood or behavior
- Loss of consciousness
Even mild TBIs can cause long-term issues that affect your quality of life. In severe cases, victims may experience cognitive deficits, paralysis, or require lifelong medical care. Brain injuries can also impact a person’s emotional well-being, leading to anxiety, depression, or other psychological challenges.
Liability and Compensation for Brain Injuries
If you have suffered a brain injury in an Indiana car accident, you may be entitled to seek compensation through a personal injury lawsuit. To pursue a successful claim, you must prove that another party was at fault for the accident and that their negligence directly caused your injury. In most cases, this will be another driver who was reckless, distracted, or impaired while operating their vehicle.
In an Indiana brain injury lawsuit, you may be able to recover compensation for:
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Medical Expenses: This includes the cost of emergency care, hospitalization, surgeries, rehabilitation, medications, and ongoing medical treatment related to the brain injury.
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Lost Wages: If your injury has caused you to miss work or affected your ability to earn income, you may be entitled to recover lost wages and future earnings.
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Pain and Suffering: Brain injuries can lead to physical pain, emotional distress, and psychological challenges. Compensation for pain and suffering accounts for these non-economic damages.
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Loss of Enjoyment of Life: When a brain injury affects your ability to engage in everyday activities, hobbies, or social interactions, you may be compensated for the diminished quality of life.
How Indiana’s Comparative Fault Rule Could Affect Your Claim
Indiana operates under a comparative fault rule, which means that you can still recover compensation for your brain injury even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you were found to be 20% responsible for the accident, your total compensation would be reduced by 20%.
Most importantly, if you are more than 50% at fault for the accident, you will be barred from recovering any compensation under Indiana law. Insurance companies will try to assign as much fault as possible to you, including claiming you were more than 50% to blame if they can. This makes it critical to work with an experienced Indianapolis personal injury attorney who can help ensure that fault is accurately determined and that you receive the compensation you deserve.
Proving Brain Injury Claims
Brain injury claims can be complex, requiring substantial evidence to prove the extent of your injury and its impact on your life. In addition to medical records and expert testimony, your attorney may work with medical specialists who can provide detailed evaluations of your condition. Evidence that can help strengthen your case may include:
- Police reports and accident scene documentation
- Medical records detailing your diagnosis and treatment
- Testimony from neurologists or other medical experts
- Statements from family, friends, or coworkers about changes in your cognitive or emotional state
- Photographs or videos from the accident scene
Because brain injuries can be difficult to diagnose or may worsen over time, it is important to seek medical attention immediately following the accident and to keep detailed records of your medical care.
Statute of Limitations for Brain Injury Lawsuits in Indiana
In Indiana, you generally have two years from the date of the car accident to file a personal injury lawsuit. Failing to file your claim within this time frame can prevent you from recovering compensation. There are some exceptions to this rule, such as cases involving minors or instances where the brain injury was not immediately diagnosed. It is crucial to consult with an attorney as soon as possible to ensure that your case is filed within the legal deadlines.
Contact an Experienced Indianapolis Brain Injury Lawyer at Lee Cossell & Feagley
If you or a loved one has suffered a brain injury after a car accident, you shouldn’t try to resolve your claim on your own. At Lee Cossell & Feagley, LLP, our Indianapolis personal injury attorneys have extensive experience representing brain injury victims and fighting for the compensation they need to rebuild their lives. We understand the challenges you are facing and will work tirelessly to hold the responsible parties accountable.
Contact us today at 317-631-5151 for a free consultation to discuss your case and explore your legal options for pursuing compensation.