Factors That May Affect Your Brain Injury Claims

personal injury claim


Every person has a right to claim damages against the party at fault for any type of negligence accident, whether it is traffic accident or premise liability accident. Fact is, there are a lot of accidents that happen on a daily basis but most victims don’t even bother to get treated because of their busy lives. The problem is, the serious medical symptoms or injuries are not readily apparent. There are symptoms that may appear weeks or even months from the date of the accident. After a car accident for example, and you suffered brain injury due to serious collision you may feel fine but later you might feel headaches and body pains, which may be due to symptoms of brain trauma or injury.

The problem with filing your case or claim late is that there are a lot of supervening events that happen that might either diminish your claim or even bar you from claiming anything against the party at fault, like in cases of statute of limitations.

In California, for bodily injuries suffered as a result of a personal injury accident, the victim is given only 2 years to file a claim against the party at fault and/or his insurance provider. Hence, beyond this point, you cannot anymore go after the party at fault for your medical bills and other losses. On the other hand, for property damage resulting in the same incident, the victim is only granted a period of 3 years to file compensation for such damages, otherwise you will also be barred from claiming anything even if you are able to prove that the other party caused the collision or the accident.

As you can imagine, it is not beneficial for you financially and health wise, to dally with your claim. After an accident, the first thing that you should do is to get yourself checked out or treated by your family physician or by a medical facility in order to make sure that all your symptoms are determined beforehand. After this, or simultaneous to your going to your medical provider, you should contact an expert personal injury lawyer in California who can advise you on what you can do to pursue your claims.

In case of brain injuries, the other party may say that your symptoms are not that serious but because of your delay in getting treatments you have made the initial symptoms worse. Hence, the other party will argue that they will only shoulder the initial or primary effects of your symptoms but not the more serious diagnoses that were realized days or weeks after the accident because of your negligence or delay in getting proper treatments. Some examples of these are complications of head trauma where surgery or prolonged rehab would not have been necessary had the victim readily went to a doctor for evaluation and treatment of his injuries.

Therefore, if you want to obtain the maximum compensation you can obtain against the party at fault, which includes: property damage, actual medical costs, future medical care, loss of earnings claim, pain and suffering and other monetary and non-monetary losses, you need to immediately act to get your property damage fixed in case of traffic accident and get immediate treatments of your serious injuries. Otherwise, you’ll be giving the other party a reason to deny or minimize your claims, which would translate in you having to spend your own savings for your treatments which could reach in the hundreds of thousands or even millions depending on the severity of your head or brain injuries and the length of time needed for post op care and rehabilitation.

The above considered, you should always hire top personal injury attorneys who are very familiar with the medical symptoms, effects and treatments of serious brain trauma or debilitating brain injury to make sure that you will get the best medical care and the maximum compensation for all your suffering and losses. Only excellent personal injury lawyers can also provide verdicts to include punitive damage upon proving that the party at fault acted with gross negligence or wanton disregard of your safety.

Don’t even worry about burning your life’s savings in fighting for your brain injury care and remuneration for your damages because there are expert personal injury law firms who take on brain injury claims on contingency basis, so you won’t have to worry about your case and on how to best go after the party at fault and you will be able to concentrate in treating yourself and taking care of your family while your trusted lawyers aggressively obtain the highest compensation you deserve at the swiftest time possible.

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