A serious brain injury suffered during an accident may have devastating effects that can affect the senses, balance and coordination, and memory problems.. Even minor brain injuries such as temporary blurred vision can cause ongoing financial damage and a prolonged recovery process.
Health insurance may cover medical expenses, but not lost wages or assistance in living a normal life unless your employer carries disability insurance or the other person, if guilty, carries sufficient insurance to cover your costs. However, some people must carry the burden by themselves and may have to hire an attorney who specializes in helping people with brain injuries.
You may also have recourse to non-economic damages if another party’s reckless, negligent, or willful conduct caused your accident. The best course of action is to consult an experienced North Dakota brain injury lawyer near you to determine whether you should take legal action.
What Is a Brain Injury Lawyer?
The best brain injury lawyer in North Dakota specializes in personal injury law, representing victims of brain injuries. These attorneys typically speak for people who have suffered traumatic brain injuries (TBI), which can result in severe, life-altering injuries.
Depending on the circumstances, brain injury attorneys may also provide legal advice or represent clients with mild traumatic brain injuries or concussions.
What Does a Brain Injury Attorney Do?
Accidents involving cars, slip and falls, boating accidents, medical accidents, and other types of accidents are the most common causes of brain injuries. People who have suffered traumatic, life-changing head injuries can seek assistance from the best brain injury lawyer near them.
An experienced lawyer for brain injury near you may offer a free, no-obligation consultation if you sustained a brain injury because of another party’s carelessness.
When to Hire a Brain Injury Lawyer in North Dakota?
Getting a lawyer may be necessary if your head injury caused significant medical bills or negatively impacted your life. You could at least contact a North Dakota brain injury attorney if you experience any of these problems:
Your injury has emotionally affected you and your family.
You needed surgery and/or you spent a long time in the hospital.
You required physical therapy after your injury.
As a result of your injury, you have suffered memory loss, personality changes, or headaches.
As a result of your injury, you are now disabled.
Due to your injury, you can’t work or perform your job properly.
A live-in caregiver is now necessary due to your injury.
Additionally, it is important to consider the circumstances surrounding your accident. Did someone cause your accident? Since many factors may have contributed to your injury, it is sometimes difficult to determine who is to blame when you are injured. An experienced personal injury lawyer will conduct a thorough investigation to identify all parties responsible for the accident.
Below you will find a few examples of negligence that can result in concussion:
Conditions in a store or on someone’s property that are unsafe
Sidewalks not cleared of ice in a timely manner
Drunk or distracted drivers
Concussed sports players still playing before they are fully recovered
How Do I Choose a Brain Injury Attorney in North Dakota?
If your case involves medical negligence, work accident, or traffic accident, the personal injury lawyer you choose should be experienced in handling similar cases to yours. You can begin selecting a professional lawyer by following these steps:
1. Evidence of Expertise
Check out client testimonials and real-life case studies to learn how the attorney has helped others in a similar situation as yours.
Check to see if the lawyer’s website contains statistics and figures showing the amounts of settlements awarded within a specific time period and their success rate in settling cases.
2. Verify Accreditation
Accredited solicitors are those with additional coursework in personal injury law or who have attended conventions on the subject. They also have accumulated experience in their fields.
3. Read the Reviews and Recommendations
Families and friends can often provide recommendations for the best personal injury lawyers. It is a good idea to read online reviews of the law firm you are considering.
4. Terms of Payment
Understanding the firm’s payment structure and terms is important. It is important to understand how much of your final settlement the attorney will deduct as fees if you win your case. They typically take a percentage rather than charge a flat fee or hourly rates.
5. Clarification of Service Terms
Before hiring a law firm, make sure you understand the terms of service and fees they will charge you. If you don’t understand anything in the client agreement, discuss it with the lawyer right away.
How Much Does the Brain Injury Lawyer Average Cost North Dakota?
The cost of an injury lawsuit can be high, particularly if the injury is catastrophic. Lawyers who specialize in personal injury don’t typically charge upfront fees or hourly rates. They work on a contingency basis, which means they charge a percentage of the settlement.
Using this approach, clients can access justice regardless of their financial situation.
Do Brain Injury Attorneys Usually Charge for Consultations?
Personal injury lawyers usually charge contingency fees rather than up-front retainers. Consultations with personal injury lawyers are uncommon.
Clients benefit greatly from an experienced attorney who uses this fee structure since they do not take payment until after the case has been resolved. Plus, they don’t charge anything unless you win the case.
A lawyer for a person suffering from a brain injury in North Dakota may also cover the costs of obtaining medical records, delivering subpoenas, and obtaining police reports and medical records. These expenses, along with any expert witness fees and/or court reporter fees, will usually be charged to you as well.
Frequently Asked Questions
What are the steps in proving negligence in brain injury cases?
Personal injury laws vary widely. Some award no compensation if you contributed to the accident. Some give partial awards if you contributed. Most simple is complete compensation when you’re the victim. During depositions or trials, each side’s attorney tries to prove their client’s innocence and that the other side is negligent. Negligence is as follows:
Damages: A breach of duty led to injury and losses.
Causation: A breach of duty is responsible for the accident.
Duty: The defendant had a legal duty to avoid actions or situations that might harm others.
Breach of duty: A breach is a failure to exercise due care or doing so less than the accepted standard.
What is the compensation for a brain injury?
According to most estimates, brain injury cases settle for approximately $100,000 to $150,000. Due to the highly sensitive nature of the brain and the impact it has on the body when injured, it is common to see TBI claims settled for several million dollars. Depending on how reckless, negligent, or willful someone else was, you may also be entitled to non-economic (emotional) damages.
What is the time frame for a brain injury claim?
Three years is the average amount of time it takes to settle a brain injury claim. The impact of the injury may not be apparent for several years. Despite the fact that this may seem like a long time, settling your claim too early can lead to your claim being substantially undervalued. There are also statutes of limitations to heed so you must file the lawsuit in a timely manner.