Brain injuries can happen for many reasons, from car accidents to slipping down icy stairs. No matter how the injury occurs, one thing is the same – brain injuries take a major toll on those who sustain them. If you or someone you love has suffered a traumatic brain injury due to the negligence of another person or entity, you may be entitled to collect damages related to that injury.
The Northwest Indiana personal injury attorneys at the Law Offices of Shane O’Donnell understand how serious brain injuries can be. These injuries can prevent you from sustaining gainful employment, make it more difficult to concentrate and cause perpetual headaches that affect you for months, years, and sometimes for the rest of your life. When another individual is responsible for your injuries, you are entitled to collect damages, typically through an insurance policy that they hold. It is important to understand that you only get one chance to litigate this claim. You do not want to leave it to those lawyers who make a living settling as many cases as they can throughout the course of a week.
At the Law Offices of Shane O’Donnell, our personal injury attorneys are tough, compassionate advocates for injured people. We have successfully litigated many cases on behalf of our clients, securing them fair settlements that represent the total cost of their injuries. Give us a call today or contact us online for a free consultation to learn how we may be able to help you.
Every state has rules governing personal injury lawsuits. In Indiana, an injured party has two years from the date of the accident in order to file a claim against an at-fault party. The injured party has the burden of proving (by a preponderance of the evidence) that the at-fault party’s negligence caused or created the conditions under which they were injured.
Negligence has a three-factor test for proof:
All negligence cases involve this three-factor test for proof. For instance, if injuries result from a traffic accident, an injured party needs to prove that the other party was more than 50% at-fault for the accident. An individual who is more responsible for their injuries than another party cannot recover compensation in Indiana.
Laws concerning personal injury lawsuits do not consider the kind of injury that happens to the individual, but rather how it happened. For example, a traumatic brain injury could be the result of a traffic accident or a slip and fall. In each case, there is a specific standard of proof and individual statutes that impact how these lawsuits are treated.
As an example, there is no doubt that a doctor owes a duty of care to their patient. However, what it means to breach that duty is different than a slip and fall case. Your Northwest Indiana personal injury attorney needs to have experience litigating a number of different suits in order to resolve the issue in your favor.
You will only get one chance to resolve your lawsuit against an at-fault party. You need an attorney who will fight to get you fair compensation for your injuries. For those with a brain injury, this often includes lifelong impairments. The attorneys at the Law Offices of Shane O’Donnell have the experience you need to get fair compensation. Call us today.
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We can help you get through your legal crisis. Contact the Law Offices of Shane O’Donnell today.