How to Successfully File a Traumatic Brain Injury Legal Claim

If you are considering filing a claim for a traumatic brain injury, keep in mind that you have a limited time in which to do so. Several factors are involved in the time allowed for filing a claim after a personal injury.

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Attorney Rich Newsome

Catastrophic Injury & Medical Malpractice Attorney

25+ years experience

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How to Successfully File a Traumatic Brain Injury Legal Claim

Statute of Limitations

Each state has its own statute of limitations on filing a personal injury case. When the injury is discovered, the type of injury, the age of the victim, and the party against whom the suit will be filed all factor into the amount of time you have to file a claim.

When the Injury is Discovered

Depending on the state, you may only have a limited number of days to file after the initial injury has occurred or the timeframe may date from the day the injury is discovered. Personal injuries, especially traumatic brain injuries may not show up immediately after an accident. Often the patient is sent home and believes that he or she is fine, until other symptoms begin to appear.

Type of Injury

The type of injury also affects the statute of limitations in most cases. The laws generally make allowances for injuries which are slow to appear, such as traumatic brain injury.

Age of Victim

Someone injured as a child may be allowed to file personal injury charges once they become eighteen regardless of how long ago the injury occurred. This generally does not apply to medical malpractice suits.

Claims against the Government

If a government agency is responsible for your injury, you must notify them in writing about your intent to file a claim. This generally must be done within sixty days of when the injury occurred.

How an Experienced Attorney Can Help

An attorney experienced in handling traumatic brain injury cases can advise you on the statute of limitations for such cases. He or she can file your claim in a professional manner and make sure that you have the best chance of winning your case.

The manner in which a case claim is stated plays a significant role in the final success of the case. When filing a claim, the brain injury lawyer must explain the circumstances of the injury, the degree of the injury, and why the plaintiff believes that the defendant is responsible for the injury.

If you are considering filing a claim for traumatic brain injury, do not delay contacting a personal injury attorney who is experienced in dealing with traumatic brain injury cases. An experience lawyer can make the difference between winning and losing a case.

Rich Newsome

Catastrophic Injury Locked-In Syndrome Attorney

Rich Newsome is a dedicated attorney specializing in catastrophic injury and medical malpractice cases. With over 25 years of experience, she is committed to advocating for victims and their families, ensuring they receive the justice and compensation they deserve.