No matter what their cause or categorization may be, traumatic brain injuries (TBIs) can all have a long-term, detrimental impact on your quality of life. If your traumatic brain injury stems from someone else’s negligence, you may feel driven to hold that party accountable for your losses.
You Have a Limited Time to Respond to a Traumatic Brain Injury Accident
If you or a loved one want to take legal action after an accident resulting in a traumatic brain injury, you need to move quickly. Your ability to file is overseen by Kentucky’s personal injury statute of limitations or Kentucky Revised Statutes section 413.140(1)(a). This statute gives accident victims one year and no more to bring their cases forward in civil court.
That deadline may seem tight – and it is. The good news is that experienced attorneys know how to make the most of the time given to you to build your case. If you contact an experienced professional, you can use the full extent of this timeline to build a case against the party you believe to be liable for your losses.
Do note, however, that the statute of limitations on your traumatic brain accident case is final. Kentucky courts may not accept your claim after your deadline has passed, even if you have evidence of negligence on hand.
How to File a Traumatic Brain Injury Complaint
Experienced attorneys can help you bring a traumatic brain injury complaint to a county clerk’s desk before your statute of limitations passes. What information does your complaint need to include, though? Specifically, your TBI claim needs to specify that:
- A particular party owed you a duty of care at the time of your TBI accident
- Said party violated that duty of care
- Negligence resulted in your traumatic brain injury and related losses
- Your TBI and related losses have concrete value
Evidence Establishes Liability in Traumatic Brain Injury Cases
It’s not always clear who you can hold responsible for a traumatic brain injury accident. That’s why it’s important to take the context of your accident into account. You need to present evidence indicating that negligence resulted in your accident – and that said negligence stemmed from a specific party.
More specifically, you can bring forward video footage, bystander testimonies, and even physical debris from your TBI accident to prove that negligence took place. You can then use that same evidence to attribute your accident to parties including:
- Motorists, bicyclists, pedestrians, or other parties on the road
- School supervisors, sports coaches, and on-site officials
- Negligent construction crews and/or government employees
- Safety product manufacturers
You can count on a traumatic brain injury attorney in Kentucky to help you determine both what evidence best serves your case and what parties that evidence can hold accountable for your losses.
Use State Multipliers to Account for All of Your Losses
You’re forced to contend with economic and non-economic losses in the days following a traumatic brain injury. While your economic losses, including medical expenses, generate bills, it can be harder to quantify your non-economic losses. Even so, Kentucky gives you the right to include these expenses in your TBI complaint.
It’s easiest to value your non-economic TBI losses via state-approved claim multipliers. To get started, you need to estimate the value of your TBI economic losses. You do this by finding the sum of any bills you have relating to your accident.
You can then work with an attorney to determine what non-economic losses may apply to your case. These can include:
- Emotional distress
- PTSD and/or any related mental health conditions
- Pain and suffering
- Loss of consortium
- Loss of companionship
- Reduced quality of life
Kentucky then allows you to use multipliers to modify the economic sum of your bills to account for these losses. Your total possible compensation can then more accurately reflect the damage done to you by a negligent party.
Helping You Focus on Recovery
Traumatic brain injuries dramatically change the way you go about your day-to-day responsibilities. If you’re taking care of someone with a TBI, that person may not have the means to bring a catastrophic injury case forward in civil court. Alternatively, you may need assistance pursuing legal action if you’re recovering from an injury.
In either case, our Kentucky traumatic brain injury attorneys are prepared to guide you through the process of building a catastrophic injury complaint. We can specifically elaborate on your complaint as a vehicle through which you can secure the financial support you need to overcome your accident-related losses.
Moreover, we make a point to approach your case as compassionately as possible. We can work case consultations, court dates, and settlement negotiations around your schedule. Our team can also keep you updated as your case progresses. In short, when you work with McCoy, & Hiestand, you can count on our team to put you first.
What does a Traumatic Brain Injury Claim Do for You?
Traumatic brain injury claims allow you to retake control over your life after an accident. Specifically, these claims allow you to pursue compensation for your losses while controlling how conversations about possible settlements take place.
Specifically, we can work with you to determine how you want to approach your case. Once you’ve established a liable party and valued your losses, you can choose to negotiate for a settlement or pursue a traumatic brain accident trial. Our team can stand with you every step of the way, ensuring that your voice and needs are heard.
There’s no “right” way to go about a traumatic brain injury case. If you begin by pursuing a settlement negotiation and need to transition into a trial, our team can help with that. If a defendant meets you during cross-examinations and discusses a deal, our team can ensure that it’s fair. We put you behind the wheel of your case, first and foremost.
Traumatic brain injuries drastically change the way you live your life. Whether you’re caring for a loved one or contending with newfound limitations, you can take action against the party whose negligence resulted in your traumatic brain injury. Kentucky traumatic brain injury attorneys are prepared to help you take your case to civil court.
You can contact McCoy & Hiestand to learn more about your right to legal action in the wake of a traumatic brain injury. Reach out to us through our website or call our main office, and we can schedule your case consultation together.
Kentucky gives you the right to take legal action against the party you believe to be liable for your traumatic brain injury. You can bring your case to court, host settlement negotiations, and fight for your right to comprehensive financial support. Our traumatic brain injury lawyers in Kentucky can help you along the way.