How to File a Brain Injury Lawsuit
Brain injury can result from a variety of situations, including no-fault accidents, abuse, assault and medical malpractice. If your brain injury resulted from another's negligence, you may have grounds to file a personal injury lawsuit and receive compensation. To file a lawsuit, you should consult a personal injury attorney, preferably one who specializes in brain injury or similar cases.
Instructions
- 1
Understand the grounds for filing a brain injury lawsuit. Your brain injury must be the result of an action deemed legally negligent. If you are not sure whether or not you have a case, contact a personal injury lawyer for a free consultation.
2Provide proof that you have suffered as a result of your brain injury. As the plaintiff, your attorney must prove that your brain injury resulted in damages, including pain and suffering, financial loss, medical bills and loss of property. Keep meticulous records of all expenses related to your injury and a detailed log to record the effects of the injury on your psychological and physical well-being.
3Make sure an attorney is licensed to practice law in the state where the negligent act that caused your brain injury took place before hiring him. If you seek compensation above a designated amount or don't reside in the same state as the defendant, your case may fall under federal jurisdiction. Your attorney can handle this matter on your behalf.
4Prepare to go to trial but expect to settle out of court. The vast majority of brain injury plaintiffs never enter a courtroom. Before your attorney can enter into a settlement agreement, you must agree, in writing, to waive your right to bring any further legal action against the other party.
5Be patient. It can take a year or longer to resolve a lawsuit after your attorney files the initial paperwork. The amount of time it takes for you to receive justice for you brain injury may depend on many factors, including the backlog of cases in your jurisdiction and the complexity of your case.
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