Greg Prosmushkin
May 30, 2023

A head injury lawsuit is often a legal path individuals take when they have suffered a head injury due to someone else’s negligence or wrongful actions. Head injuries can vary in severity, ranging from mild concussions to traumatic brain injuries (TBI) with long-term consequences.

An experienced personal injury lawyer can often help evaluate the circumstances of your injury, assess the potential liability of the responsible party, and explain your legal options. 

They can also help argue that a negligent party engaged in wrongful conduct that directly caused your head injury. This may involve arguing that the defendant had an obligation to take reasonable precautions but failed to uphold duty, and the resulting breach directly caused your injury.

How to Prove Your Head Injury Lawsuit?

Successfully pursuing a head injury lawsuit requires gathering and presenting evidence that demonstrates the existence and extent of the injury, as well as establishing the defendant’s liability. Some important things to keep track of when filing a  brain injury lawsuit may include: 

  • Accident Details: Document the circumstances surrounding the accident or incident that caused your TBI. This includes obtaining incident reports, photographs, witness statements, and any other relevant evidence that helps establish liability.
  • Medical Documentation: Obtain comprehensive medical documentation that establishes the diagnosis and extent of the brain injury.
  • Witness Testimony: Gather statements and testimonies from witnesses who observed the accident or incident and can provide information supporting your claim of the brain injury. 
  • Financial Documentation: Compile documentation of the financial losses you incurred due to the brain injury. This may include medical bills, rehabilitation expenses, therapy costs, lost wages or earning capacity, and any other financial damages directly attributable to the brain injury.
  • Documentation of Symptoms: Keep a detailed record of your TBI symptoms, such as headaches, memory loss, cognitive difficulties, mood changes, and other physical or psychological effects. This may help establish the impact of the injury on your daily life and can support your claim for damages.

Should I Accept a Head Injury Lawsuit Settlement?

Deciding whether to accept a head injury lawsuit settlement is a significant decision that should be carefully considered. Some factors to consider when deciding whether to accept a TBI settlement are as follows:

  • Severity and Long-Term Impact of the Injury: Consider the severity of your TBI and the long-term impact it may have on your life. 
  • Current and Future Medical Expenses: Evaluate whether the settlement offer adequately covers your current and anticipated future medical expenses related to your TBI. 
  • Lost Income and Earning Capacity: If your injury has resulted in lost wages or diminished earning capacity, assess whether the settlement adequately compensates you for these financial losses. 
  • Pain and Suffering: Assess whether the settlement adequately compensates you for the physical pain, emotional distress, and mental anguish you have endured as a result of your TBI. 

Each TBI case is unique, and the decision to accept a settlement ultimately depends on your specific circumstances and the advice of an experienced brain injury lawyer.

Reasons Why Settling Too Soon After a TBI Can Be Risky

Settling too soon from an insurance company after a TBI can be risky because it may result in accepting brain injury compensation payouts that may be lower than what you may receive through further negotiations or in a judgment. Some reasons why settling too soon after traumatic brain injury cases can be risky includes the following:

  • Uncertainty of Long-Term Effects: TBIs can have long-term consequences that may not be immediately apparent. 
  • Incomplete Diagnosis: Immediately following a TBI, the full extent of the injury and its impact may not be fully understood. 
  • Hidden or Delayed Symptoms: Some symptoms of a TBI may have delayed onset or may be initially overlooked or misattributed to other causes. 
  • Impact on Daily Functioning: A TBI can significantly impact a person’s ability to perform everyday activities, work, and engage in relationships.
  • Future Medical Needs: TBIs often require ongoing medical treatment, therapy, and rehabilitation. Settling too soon may not consider the future medical needs and expenses you may incur as you continue to recover and manage the effects of the injury.

Whether you decide to settle a case early and save yourself from the uncertainty, time, and money it often takes to bring a case to court can be difficult. That is why it is important to communicate with your lawyer if you are offered a settlement to ensure you’re receiving a fair deal.

Need Legal Help? Contact an Experienced Law Firm

If you need legal help after a brain injury in the Philadelphia area, contact The Law Offices of Greg Prosmushkin. We have more than 30 years of experience in handling brain injury cases. Our dedicated team can provide you with the necessary legal guidance, evaluate the specifics of your case, and let you know all your legal options.

Schedule your first free consultation, or call us at (215)-799-9990 to learn more about your traumatic brain injury lawsuit. You can even complete our contact form online to contact our experienced lawyers.