Personal Injury Law

Total Guide To Filing A Traumatic Brain Injury Lawsuit

Traumatic Brain Injury

Accidents claim hundreds of thousands of lives in the United States each year due to fatal injuries like bone fractures, internal or external bleeding, spinal cord damage, traumatic brain injury (TBIs), and more.

Even if an individual survives the accident with adequate medical and surgical care, they might be left with residual loss of function that can impair their quality of life significantly.

TBIs are a form of catastrophic, near-fatal injuries that can leave their victims temporarily or permanently incapacitated aside from their heavy toll on their physical and mental health and finances.

If you or your loved one acquires a TBI in an accident that you believe was someone else’s fault, you might be able to pursue legal action against the negligent party.

Here Are Four Prime Steps To Filing A Traumatic Brain Injury Lawsuit:

A skilled catastrophic injury lawyer can help you file a lawsuit and develop a winning legal case that can help you get fair financial compensation for your damages. Read on as we take a brief look at how you can file a TBI lawsuit after an accident.

Legal Consultation

Consulting an experienced personal injury lawyer is one of the foremost steps to ensure a strong legal defense. It is advisable to contact an attorney immediately after your accident so that they might guide you through the challenging process of navigating a range of legal documentation post-accident. A skilled lawyer will also help gather the evidence necessary to prove your claim in a court of law.

2. Initial Investigation

Initial Investigation

Physical evidence is inarguably the most important factor that can make or break any personal injury claim. There should be ample evidence of the accident and its impact on you or your loved one and proof that the accident resulted from the negligence of the defendant.

Your legal team will conduct a thorough initial investigation to collect evidence and eyewitness testimonies to build a strong foundation for your lawsuit.

3. Calculating Your Damages

Calculating Your Damages

Filing a lawsuit will require your legal team to calculate all your damages that resulted directly from the accident. These compensable damages include medical expenses, costs of ongoing treatment, occupational and physical therapy, lost wages, loss of consortium, compensation for pain and suffering, and more.

Your attorney will also calculate an amount for future loss of function resulting from your TBI and begin the initial process of filing a lawsuit on your behalf.

4. Filing a Lawsuit

Filing a Lawsuit

Once your legal team has calculated your damages and compiled all the evidence needed to prove your traumatic brain injury claim, your attorney will file your lawsuit with the court. A demand letter will be sent to the defendant that delineates the results you seek from this lawsuit.

After a lawsuit has been filed, the ongoing legal back and forth between the two parties can continue for some time before moving to a settlement or trial.

Most personal injury cases, including TBI cases, get settled out of court when both parties mutually agree on an amount. In case both parties do not reach a consensus, the lawsuit moves to a trial in a court of law, where the ultimate decision rests on a judge or jury.


If you or your loved one got injured in an accident and acquired a TBI due to someone else’s negligence, you can seek legal action against the negligent party.

A skilled lawyer can help you navigate the complex legal process of filing a lawsuit and help you obtain compensation for your damages. Most law firms offer a free initial legal consultation, which can help you decide the best course of action.

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Nilanjana Basu
Nilanjana is a lawyer with a flair for writing. She has a certification in American Laws from Penn Law (Pennsylvania University). Along with this, she has been known to write legal articles that allow the audience to know about American laws and regulations at ease.

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