Indiana
Traumatic Brain Injury Lawyer

On This Page

1. Eligibility for Compensation in a Lawsuit
2. Damages in Traumatic Brain Injury Claims
3. Time Limits on Personal Injury Claims
4. Work With Our Attorneys on Your Claim

REVIEWED BY

C. William Kenny

December 12, 2023

Board certified by National Board of Trial Advocacy

Working with an Indiana traumatic brain injury lawyer from our law firm after an accident may allow you to hold negligent persons accountable for their actions. The attorneys of Berger and Green are here to build a strong claim on your behalf and gather the evidence that you need to support that claim.

We understand that you may need assistance with medical bills and lost wages because you are unable to work and other support as you struggle to adapt to your injury. Call our offices today at (412) 661-1400 and learn more about the legal services that we can offer you.

Eligibility for Compensation in a Lawsuit

You are eligible for compensation for your injuries only in certain situations. Typically, you must prove that the other party or parties were negligent in causing your injuries. Negligence consists of three required elements:

• The defendant (the person whom you are suing) failed to exercise reasonable care for your safety and had a duty to do so;
• The action or inaction of the defendant directly caused the injuries; and
• You suffered legally measurable injuries or losses

Negligence that leads to traumatic brain injuries can occur in a variety of accidents. If the negligence of others causes an accident that leads to injuries to you or a loved one, you may have a claim for compensation. An Indiana traumatic brain injury lawyer from our firm can assist you in seeking compensation from any negligent parties.

Damages in Traumatic Brain Injury Claims

Injury victims who have suffered TBIs due to the negligence of others can claim various damages or forms of compensation in a personal injury claim. The total amount of damages to which you may be entitled will vary substantially from one case to the next.

Medical Expenses

One major type of damage is medical bills. When you suffer any severe injury, you are likely to incur many medical expenses, including emergency medical treatment and transport, hospitalization costs, surgical bills, and therapy and rehabilitation costs. You also may need medical assistive devices and other accommodations for your injury, which can be expensive.

Loss of Income

Another major category of expenses in a personal injury claim is lost income. If you are unable to work temporarily, you likely will lose income from being off work. However, if your TBI prevents you from ever returning to work due to your permanent impairments, you may be eligible to seek compensation for loss of current income and loss of future earnings and earning capacity.

Physical and Emotional Injuries

Other forms of compensation in a TBI claim are less tangible and do not come in the form of bills or specific amounts of money. Depending on the severity and nature of your injuries, you may qualify for compensation for:

• Physical injuries
• Psychological injuries and mental trauma
• Loss of enjoyment of life

Getting legal advice about your situation can help ensure that you claim the full range of damages that exist in your case and make it more likely that you will receive a full and fair offer of settlement by the insurance companies for the parties responsible for your accident.

Call (412) 661-1400 today for a free consultation.

Time Limits on Personal Injury Claims

All states, including Pennsylvania, have laws that set time limits on the ability of people to file lawsuits against others. These deadlines, or statutes of limitations, can differ according to the state law that governs your claim and the type of lawsuit you want to file.

Pa. C.S.A. §5524 provides a statute of limitations of two years to file personal injury actions. As a result, injury victims have only two years from the date of the accident that caused their traumatic brain injuries to file their claims in court against all potentially liable parties.

While this seems like a long time, the process of investigating, gathering evidence, and filing personal injury claims can be lengthy. To avoid missing this deadline, you or your loved ones should speak with legal counsel as quickly as possible following your accident.

Work With Our Attorneys on Your Claim

When you or a loved one has suffered a traumatic brain injury, you cannot hesitate to get the legal advice that you need. Otherwise, you risk missing your chance to seek compensation for your losses and hold persons accountable for their negligence or recklessness in causing your injuries. As a result, you should not hesitate to connect with an Indiana traumatic brain injury lawyer from Berger and Green to get a clear assessment of any claims that you may have.

Contact Berger and Green and allow us to take a look at your potential claim. We can present your legal options and help you make the decision that is right for you. Call us at (412) 661-1400 and get additional information about your rights following an accident that results in a traumatic brain injury or other severe injuries.