How Does The Brain Injury Claim Process Work?


The legal claim process for people who have suffered brain injuries is not an easy one. Brain injuries can cause a cascade of negative consequences for the rest of the patient’s life. One must overcome many obstacles to properly claim a brain injury and receive the compensation one deserves. Many people file a lawsuit alleging negligence and other unavoidable circumstances that led to their brain injury, and they often succeed in doing so.

How Does The Brain Injury Claim Process Work

The first thing that will happen in the legal claim process is that your insurance company will hire their attorney to represent them at their own expense. The attorney will then look into your claim, review any documents that you have submitted, interview you if need be, and then prepare a defense for the claim.

Same as the insurance company, you are also allowed to hire an attorney. While it is not mandatory to hire a lawyer, hiring one can be beneficial for you. Generally, personal injury lawyers will work on a contingency fee basis. It means they will be paid a percentage of your settlement amount. It can be 25% – 30% or even more, depending on the specifics of your case. To know more about fee details, schedule a free consultation with the law firm you are hiring. Reputed law firms like Hutzler Law will provide a free consultation to discuss your case.

While your insurance company’s attorney is reviewing the case, they are contacting other physicians, medical professionals, and experts who may need to have testified on their behalf. It may include doctors who worked with you during your rehabilitation process and may have some knowledge as to what caused your cognitive impairment or other aspects of your brain injury. If evidence is needed to defend the claim, then it will be gathered by the brain injury lawyer either through interviews or making official requests for documents.

After the claim is filed, your insurance company’s attorney will then have to respond to your claims, and they will decide if they will be defending against the claim or if they will settle with the plaintiff. While it is widespread for the insurance company to choose to defend their claim, it is just as common for them to decide to settle with your insurance company. It can be due simply because of costs and different factors being weighed for a settlement amount.

Suppose you are wondering how the process works, then there is a pretty simple answer. What happens is that you go through the claims process and file your claim for your brain injury. Then your insurance company’s attorney will review the documents and information submitted to determine if there is a defense for the claim or if they should decide to settle with you.

If your case is settled, then all you have to do is accept the settlement amount. If it is not settled, you will have to go to court and file a lawsuit to get a judge to decide between you and your insurance company. It may take months or even years for your case to get before a judge and, eventually, a verdict you are happy to hear.

The legal claim process for a brain injury can take time and effort to navigate through to get what you deserve. That being said, you need to understand that this process can be used to help your case and ultimately improve your quality of life for yourself.


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