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If I Bring a Traumatic Brain Injury Lawsuit, Will I Have to Go to Court?

June 10, 2020

brain injury

Although most personal injury cases, including those involving traumatic brain injuries, settle long before the claim goes to trial, in some cases it is necessary for a victim of a traumatic brain injury to go to trial to seek full and fair compensation. If going to court or going to trial in your traumatic brain injury case becomes likely or necessary, it is critical that you seek the assistance of an experienced personal injury lawyer with substantial litigation experience and a track record of success in cases involving traumatic brain injuries. When you have a skilled and successful trial attorney in your corner, it can often convince the other side to settle before trial.

Compensation You May Be Entitled to for a Traumatic Brain Injury

If you or a loved one have suffered a traumatic brain injury, you may be entitled to compensation for damages caused by your injuries, including:

  • Ongoing and future medical costs to treat your traumatic brain injury, including surgery, medication, and physical and occupational therapy
  • Costs of long-term personal care, if you suffer a traumatic brain injury that disables you from being able to fully take care of yourself
  • Lost wages, for time you miss from work during your recovery
  • Lost earning potential, if you cannot return to work or any gainful employment
  • Pain and suffering
  • Lost quality of life, caused by disabilities and by the inability to participate in activities you once enjoyed or complete tasks of daily living
  • Loss of consortium, which can provide compensation to your spouse for the loss of your companionship and intimacy due to your traumatic brain injury

Traumatic Brain Injury Claim Process

When your traumatic brain injury is caused by the negligence or recklessness or other legal fault of another party, claiming compensation for your injuries and damages usually begins with making a claim against the at-fault party and their liability insurer. You (and your attorney) will usually negotiate with the insurance company and defense attorneys representing the at-fault party to try to reach a negotiated settlement that provides you with compensation that you and your attorney agree fairly and fully compensates you for the damages you have and will incur as a result of your traumatic brain injury.

Why Your Traumatic Brain Injury Case May Go to Court

However, not all settlement negotiations are successful. Sometimes parties cannot agree on a settlement figure; when this happens, it may be necessary for the injured party to go to court to have a judge or jury resolve the dispute and determine what kind of compensation the injured party is entitled to.

There may be several reasons why a traumatic brain injury case does not settle and goes to court instead, including:

  • The at-fault party is denying responsibility for causing the traumatic brain injury in the first place
  • The other side disputes the extent of the injured party’s damages (such as the costs of medical treatment or lost wages, but more frequently the extent of non-economic damages like pain and suffering or lost quality of life)
  • The injured party is still undergoing treatment and the other side disputes the estimate of the cost of future medical expenses and care

Contact a Morristown Personal Injury Lawyer to Discuss Your Traumatic Brain Injury Case in New Jersey

Did you or a loved one sustain serious injuries due to a traumatic brain injury in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive New Jersey personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Hoyt & Hoyt, PC represent clients injured because of traumatic brain injuries in Parsippany, Mount Olive, Rockaway, Roxbury, and throughout New Jersey. Call (973) 292-2299 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 67 E. Park Pl., 5th Floor, Morristown, NJ 07960, as well as offices in New Brunswick.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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