What To Know About Your Family’s Legal Rights Following a Brain Injury Diagnosis

Feb 28, 2023 - Personal Injury

Brain injuries can be life-changing for accident victims and their families. Tragically, these injuries are not uncommon, and every year we speak with numerous individuals who have questions about how we can help them recover the financial and non-financial costs of their loved ones’ diagnoses. If you find yourself in this situation, we offer our sincere sympathies, and we want you to know that we are more than happy to help in any way we can.

The Financial and Non-Financial Costs of TBI Can Be Substantial

A recent study found that the average annual cost of a mild traumatic brain injury (TBI) is $13,564. For moderate and severe brain injuries, the annual cost is far higher. Families can easily face tens of thousands if not hundreds of thousands, of dollars in medical bills alone—and lost earnings can bring the total financial cost of a traumatic brain injury into the millions for many families.

Then, there are the non-financial costs. Individuals who have been diagnosed with traumatic brain injuries can face lifelong pain, suffering and loss of enjoyment of life. Many will experience emotional trauma, loss of companionship and consortium, and other non-financial costs as well. These costs can far exceed the financial costs of a brain injury in terms of their value, and they are also costs that families can seek to recover under Pennsylvania law.

7 Important Facts About Seeking Financial Compensation for a Traumatic Brain Injury in Pennsylvania

Given the substantial costs of traumatic brain injuries for victims and their families, if you have a child, spouse or parent who has been diagnosed with a TBI following a serious accident, it is important to ensure that you have a clear understanding of your family’s legal rights. With this in mind, here are seven important facts you should know:

1. At-Fault Parties Can (and Should) Be Held Fully Responsible for the Costs of Their Mistakes

The first thing you should know is that individuals and companies that cause accidents resulting in traumatic brain injuries can (and should) be held fully responsible. This is clear under Pennsylvania law. Careless drivers, property owners, product manufacturers and other companies can be held liable for a variety of types of mistakes—from driving while distracted to failing to post warning signs and from selling defective products to hiring unqualified employees.

2. In Most Cases, Recovering Financial Compensation for a TBI Involves Dealing with the Insurance Companies

Regardless of who (or what company) is liable for what happened, recovering just compensation for your loved one’s TBI will most likely involve dealing with the insurance companies. Auto insurance, homeowner’s insurance, commercial general liability (CGL) insurance, and other types of liability insurance policies all cover the financial and non-financial costs of traumatic brain injuries.

3. Your Family’s Insurance Policy May Also Provide Coverage

Depending on what happened, your family’s insurance policy might also provide coverage. For example, if your loved one was injured in a car accident, your family’s auto insurance policy may apply. If you have uninsured/underinsured motorist (UIM) insurance, you may be able to use this coverage in the event that the at-fault driver’s coverage isn’t enough; and, if your family has multiple vehicles with UIM, you may be able to “stack” this coverage in order to maximize your family’s financial recovery.

4. It Will Be Possible (and Necessary) to File Multiple Claims in Some Cases

Oftentimes, multiple parties will share liability for a serious accident that results in a traumatic brain injury. In this scenario, it may be possible (and also necessary) to file claims against each of the parties involved. While filing multiple claims adds to the complexity of asserting your family’s legal rights, doing so can significantly increase the compensation your family is able to recover.

5. Recovering Just Compensation for a Brain Injury is a Process

Regardless of the claim (or claims) your family is able to file, recovering just compensation for your loved one’s brain injury will be a process. It will take time, and you will need to work alongside your family’s lawyer. But, even from the very beginning, there is light at the end of the tunnel. With a patient and persistent approach, you can recover the financial compensation your family deserves.

6. You Only Get One Chance to Seek Just Compensation After a Serious Accident

While it is possible to recover the financial compensation your family deserves, it is also important to understand that you only get one chance to seek just compensation after a serious accident. If you settle your family’s claim too soon, you won’t necessarily be able to go back and seek additional coverage. With this in mind, it is imperative that you have a clear understanding of the long-term financial and non-financial costs of your loved one’s traumatic brain injury before making any decisions about settlement.

7. You Can Hire a Lawyer at No Out-of-Pocket Cost

Finally, while recovering financial compensation for a loved one’s traumatic brain injury is not easy, you can hire a lawyer to represent your family at no out-of-pocket cost. From identifying the party or parties that are responsible for your loved one’s brain injury to determining how much your family is entitled to recover, there are lots of reasons to put an experienced lawyer on your side. With contingency-fee representation, you pay nothing while your family’s case is pending, and your family’s legal fees (if any) are calculated as a percentage of the amount your lawyer helps your family recover.

Speak with a Brain Injury Lawyer at Drake, Hileman & Davis, P.C. for Free

If you have a family member who has suffered a traumatic brain injury in an accident, our lawyers can help you seek the financial compensation your family deserves. With offices in Doylestown, Allentown, Bethlehem, Easton and Stroudsburg, we handle serious accident cases throughout Pennsylvania. To learn more in a free, no-obligation consultation, call 888-777-7098 or tell us how we can reach you online today.

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"About two years ago, I had a car accident in Bethlehem and got injured. Some of the other lawyers did not want to look at my case because of my low insurance. I finally found Drake, Hileman & Davis. They did their best to defend my rights. Finally I got what I want (considerable amount of compensation) with the great help of the company. Thank you so much for the excellent service."
Posted By: Muammer Durak

Drake, Hileman & Davis

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