A traumatic brain injury (TBI) occurs when your brain slams into your skull or when a foreign object penetrates your brain. TBIs can range in severity—from mild concussions to permanent, disabling injuries. When you suffer a head injury because of another person’s negligence, Pennsylvania law entitles you to monetary damages to compensate for your losses.
A Somerset traumatic brain injury lawyer could guide you through the legal process. Contact a dedicated catastrophic injury attorney at Marcus & Mack to learn how to seek compensation from the person who caused you harm.
According to the US Centers for Disease Control, falls and motor vehicle accidents are responsible for most TBI-related hospitalizations. Sports injuries, blows to the head, and falling objects are also common causes of TBIs.
Someone is legally negligent when he or she fails to exercise reasonable caution—leading to your injury. In motor vehicle accidents, establishing negligence can be relatively straightforward. However, it may be harder to prove fault when you suffer an injury from a different catastrophic event.
For example, if you experience an industrial accident involving a forklift in the workplace, you might not think another party’s negligence could have contributed. However, if the forklift’s instructions did not sufficiently illustrate how to lock it in place, you might have a viable claim. A proactive Somerset TBI attorney could investigate the event to find indications of negligence.
After an accident resulting in a serious brain injury, an experienced legal professional from our firm can take several steps to help secure compensation for you and your family, including:
As negotiations proceed, responsible parties might argue that your conduct contributed to the accident. The state’s modified comparative negligence law, 42 Pa.C.S.A. § 7102, could affect your compensation. Under the law, each party is responsible for the damages they caused. If you might have contributed to the accident that caused your TBI, other responsible parties will likely contend they owe only partial damages. A tenacious Somerset TBI lawyer will work hard to ensure the responsible person pays the comprehensive compensation you deserve.
State laws define the timeframe for taking legal action seeking damages. In Pennsylvania, you must file a lawsuit within two years of the incident that caused the injury.
Sometimes, the state or local government was responsible for a TBI incident. Some common examples are when a TBI results from a(n):
When a government entity is responsible, you must send a notice of claim to the appropriate office within six months of the injury. A capable brain damage attorney in Somerset could ensure the appropriate office receives the notice on time.
When you suffer a TBI because another party was careless or irresponsible, you should not hesitate to seek monetary damages. The financial burden of your injury should not be yours to carry.
A well-practiced Somerset traumatic brain injury lawyer could manage the negotiation process for you and ensure that you get the funds you are entitled to. Reach out today to schedule a free case review with one of our seasoned legal professionals at Marcus & Mack.
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