The leading cause of death among young people are brain injuries, killing about 52,000 people each year. Almost 2-million people are impacted by a brain injury or trauma annually which leads to nearly 275,000 being hospitalized. These injuries can result in significant life changes, some temporary and some permanent, but all of them costly.
The more challenging repercussions are in the aftermath, as many people are left to their own volition to try to work, regain their social life, engage in relationships and lead an active healthy lifestyle. If you, or someone you love, has suffered from this sort of injury, we encourage you to reach out to Eells & Tronvold Law Offices to speak with an experienced head injury attorney in Iowa. Your ability to recover hinges on whether or not you have the tools and financial resources to do so; that is what we are here to assist you with.
Determining the Cause of Your Head Injury
To pursue a legal matter, you will need to file a claim with the party responsible. This can be a person, a place or a business. Winning a head injury case is determined by proving negligence. While it may seem a bit unjust, that burden rests on you, the victim. All in all, the legal system works best this way, but it does place victims, or their advocates, in a harder position. Not only are you trying to recover, or help someone recover, but now you are also supposed to come up with all the proof as to why someone else was negligent.
As an Iowa head injury law firm, we can help you with this burden, and try to eliminate or lighten the stress of proving this task. We also have years of experience working on these types of cases, which will be incredibly beneficial to your claim. When we discuss your situation, we will help identify who is liable and what kind of claim we should consider filing that will result in the best legal outcome.
Determining the Worth of Your head Injury Case
These claims are very particular, and no two claims are alike, but we can briefly explain how an attorney works to find the value of your case. First, the more extensive the injury is, the higher the value, and the more money your legal team will work to obtain for you. We can determine the extent of your injuries by using medical records and physicians to provide testimony or documentation about your condition or the condition of your loved one.
We will then take a look at how the injury has impacted the victim immediately and what kind of financial loses they have experienced. This might be lost wages, missed mortgage payments, or financial obligations that can’t be honored due to the expense of the medical care you’re receiving. We will then calculate what you stand to lose financially as a result of the injuries. This means future wages lost while you recover, and determine whether your earning potential has been impacted as a result of the head injury.
One other significant damage we will attempt to calculate will be the pain and suffering component. This is far more difficult to estimate and subject to scrutiny, but we work hard to understand your life and the financial worth that can be applied legally. This can include things like the pain of not being able to live the life you once had or the suffering of a spouse who was retired, but now has to return to work as a result of what has transpired.
The Head Injury Legal Process
We will not mislead you, this type of case can take weeks, months or longer to come to a settlement. If a legal battle is likely, the case tends to take longer. If the negligent party accepts responsibility, the case will usually take less time. Here is a basic timeline of how a head injury case is built and brought to reality.
You Hire an Iowa Head Injury Attorney – Once you realize that you might have a legal case, you will want to hire an Iowa head injury lawyer who can take you through this process step by step.
Gather Evidence and File a Claim – Your attorney will assist in helping you gather evidence or collect it on your behalf. This may entail obtaining medical records and getting additional details about the responsible party. Once enough information has been obtained, your attorney will file a claim.
Response and Communication – Your job at this point is to follow your physician’s orders and concentrate on your recovery. Our job is to await a response, press for one if need be and begin a dialogue with the responsible party or their counsel.
Negotiations or Lawsuit – Once the other party submits to work with you on your claim, your attorney will negotiate on your behalf based on your desired outcome. They will communicate with you throughout that process. On the other hand, if the other party plans to fight the claim, that is when your lawyer will likely file a lawsuit to take the case to court.
Settlement or Court – Your attorney and the other party’s counsel will work together on a settlement and draft the details of how that will be handled and paid. If your claim has to go to court, your attorney will gather additional evidence, witnesses and experts to support your case. They should lead your fight and stand beside you in the courtroom.
Court Settlement – If your legal matter landed in court, the process would play out, and a jury will likely decide the outcome of your case. You will either receive a verdict or lose, which at that point, you have the option to appeal.
No matter what the details are of your legal claim, we want to speak to you about your (or your loved ones) head injury. Please give our office a call today or connect with us online. There is a statute of limitations for injury cases so you will want to work quickly to ensure you can seek the compensation you deserve.