Courts are good places to settle cases but unbeknownst to many, they are not always the best option. Many cases are known to take so much time before they are settled the court way and one that involves a brain injury is no exception. In fact, brain injury is a major issue, meaning that it is bound to even take longer than other cases to settle. This is because many factors have to be considered before the case is settled and these factors lead to delays that drag the case even further. There is also the issue of cost. So to avoid all the problems that come with the court, it is good to consider the possibility of settling the case out of court. Accidents could cause a fatal or mild brain injury and filing a brain injury lawsuit is necessary to ensure compensation for proper treatment. Here are 5 tips to settling a brain injury out of court.
- Seek Treatment
After getting into an accident and sustaining head injuries, the first and most important step is to get proper treatment. There are so many medical facilities that provide treatment for the same so this shouldn’t be so hard, especially if you have someone to help you. It is also important to note that in case you are to file a lawsuit for the same, both a police report detailing the incident that causes your injuries, as well as a medical report, will be needed for you to get compensation.
- Know your demand
As the affected person, it’s to your own advantage to know how much you are to be compensated after a traumatic brain injury. Now that you are not involving a court, how much do you think you deserve to get out of the damage caused? This is what the court would determine when settling such a case. You cannot make a claim until you are certain how much you need out of the at-fault person to cover your damages. Damages caused could cost you your entire life depending on the magnitude of the injury.
- Get yourself a personal injury attorney
An experienced attorney will do you good in getting you compensated. When hiring one, it is important to note that they may ask you a few questions regarding your brain injury, such as how it occurred, whether you’ve started treatment, and whether or not you filed a police report, among other details you may remember regarding the accident. This will help in knowing how best to deal with the case. An attorney can advise you accordingly and even help strike a good compensation deal without approaching the courts.
- Negotiate with the at-fault person
The risks of a brain injury are high and that’s why the victim would want, at first, to take the case to court for successful compensation. But as the victim, would you consider negotiation as a way to settle a brain injury lawsuit? Probably not. According to the realist school of thought, human beings are considered selfish and only care about themselves. But here is the reality of life: not all men are as bad as portrayed. There are reasonable people and that’s why the negotiation option would work. Try out talking with the person who caused you the injury and come to an agreement, which should be drafted by an attorney. This is an easy way to settle the case as it takes less time and costs you less money.
- Compensation by an Insurance company
Dealing directly with insurance companies is not as difficult as many people think. Insurance companies are able to settle cases easily because they have the money to compensate the victim. The catch in dealing with an insurance company is that you have to provide evidence that indeed there was an accident so that you can be compensated fully. You will avoid the legal cost and the insurance company’s name will remain clean. It’s a win-win situation.
In the law, one is entitled to be compensated for damages caused to the brain and other bodily harm as a result of negligence by another party. So if you or those close to you happen to ever find themselves nursing a brain injury, know that you have the right to be compensated. It doesn’t have to take place in a court and that’s why the above tips will come in handy if you ever find yourself in such a situation.