According to the Family Caregiver Alliance, an estimated 2.5 million individuals suffer from varying degrees of traumatic brain injury (TBI) every year in the US. Some of these occur in Georgetown, Kentucky. TBI can lead to very serious and life-changing conditions. If not properly managed, the injuries can become life-threatening.
Sadly, some of these injuries could have been avoided if people were more careful and considerate of others. If you or a loved one has suffered life-altering traumatic brain injuries, you need to see compensation. This will help you ensure that you get the best treatment and care possible for the condition.
Because of the complex nature of these cases, you need the expertise of seasoned Georgetown personal injury lawyers from McCoy & Heistand. Our personal injury lawyers will provide you with all the information you need to file a personal injury claim and successfully secure the settlement you deserve.
Establishing Fault and Liability in a TBI Case in Georgetown, KY
A key part of the compensation recovery process is determining who is responsible for your head injuries and holding them responsible. This way, the liable parties and/or their insurers will pay you a deserving compensation.
To prove liability, your Georgetown traumatic brain injury lawyer will have to do the following:
- Investigate the circumstances leading up to and surrounding the accident.
- Collect and independently verify medical evidence of the head injury.
- Talk to close family, friends, and eyewitnesses about the incident that caused your brain injury and/or subsequent physical and behavioral changes afterward.
- Identify the liable parties.
- Prove that the brain injury was caused by the incident and not by a prior accident or medical condition.
If someone else’s negligence caused the claimant’s injuries, our TBI lawyers in Georgetown, KY, will attempt to prove that the four elements of negligence were present. To prove negligence in a severe head injury case, we’ll take a look at the following:
- Duty of care — That the liable party owed the victim an obligation of reasonable safety. For example, a property manager or owner is responsible for keeping all “guests” reasonably safe while they are on their property.
- Breach of duty of care — The liable party, intentionally or unintentionally made the environment unsafe for the injured victim. For instance, the property owner didn’t repair broken steps or staircases on their property.
- Causation — The victim suffered injuries because of the breach of duty. For instance, the victim slipped, fell, and hit their head because the steps weren’t fixed, leading to a brain injury.
- Damages — That the victim suffered significant losses such as lost income, medical bills, and disability as a result of injuries.
Once all four elements can be determined, it’ll be easy to sue the liable party for their negligent and careless actions. This is, more or less, the process required to find who is responsible for your injuries and hold them liable. This will serve as the basis for your injury claim.
If you need help with this, our traumatic brain injury lawyers in Georgetown, Kentucky, can help you determine who or what caused your injury and get them to pay up so that you can get the best help possible and be restored to the financial position you were in before the brain injury occurred.
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How Much Money Can You Get For Traumatic Brain Injury in Scott County, KY?
Although the average traumatic brain injury attracts a minimum of $100,000 as a payout, there’s really no way to tell how much you can receive as compensation until we’ve had a critical look at your case. Some cases have been known to attract compensation worth millions of dollars.
But, how much you’ll ultimately receive as compensation for your TBI will be contingent on factors such as:
- The severity of your brain injury — There are mild, moderate, and severe brain injuries. These include injuries like concussion, anoxic brain injury, contusion, penetrating brain injury, hypoxic brain injury, subdural hematoma, and second impact syndrome, to mention a few. Moderate and severe brain injuries tend to attract higher payouts because of the impact of the injury on the victim and their loved ones.
- The losses you’ve suffered — If you have suffered losses such as loss of income, diminished earning capacity, and other losses, this can increase your settlement amount.
- Your treatment and other associated costs — Brain injuries are very expensive to treat. So, your lawyer will have to determine how much you’ll need to get adequate treatment now and in the future.
- Long-lasting impact of the injury on the victim’s mental and physical health — If there are continuing symptoms that are expressed in behavioral and physical changes, this can influence how much compensation you receive.
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What If I’m Partly Responsible for the Brain Injury?
Not all brain injuries are caused by a negligent entity. Sometimes, the injured victim or claimant may be partly or wholly responsible for their injury. If they were 100 percent responsible, then the claimant cannot file a personal injury claim against someone else.
But if they are partly responsible, Kentucky’s pure comparative fault rule will determine the percentage the claimant will receive as compensation based on the degree to which they were at fault. For example, if a claimant was awarded a settlement of $200,000 but was found to be 30 percent liable, the claimant will only receive $140,000.
This can be either good or bad. It can be good because, unlike some states where partial liability can be, you will still get some compensation even if you were partly at fault. However, it can be bad because insurance companies will try to shift as much of the blame on you as possible.
And if you don’t have competent and experienced legal help, you may receive far less compensation than you could have. So, whether you’re partly responsible or not, it’s always a good idea to have excellent legal representation from the dream team of McCoy & Heistand on your side.
Let Our Georgetown Traumatic Brain Injury Attorney Help You
With the help of our experienced Georgetown TBI lawyers, the legal team at McCoy & Heistand can help you recover all economic and non-economic damages like your medical expenses, loss of income, and other additional costs.
If you’re eligible, we can also refer you to someone who can help you file a claim for social security disability (SSD) with the Social Security Administration (SSA) in Kentucky. This will help you maximize the compensation that you can receive.
We have been fighting for Kentucky’s injured for decades. The McCoy & Heistand dream team is on your side and will help you get the settlement you deserve. Come and talk to us about your case today.
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