Should you file a lawsuit after a serious head injury?

Knowing what to do after you or a loved one has been diagnosed with a brain injury is difficult and stressful. For many people, a “new normal” can only be achieved once they've battled the insurance company and their employers for the help they need. When you’re determining if you or your loved one has a case or should file a lawsuit, there are three questions you need to answer:

  1. Is another company or person potentially responsible for your brain injury?
  2. Will the brain injury prevent you from working again?
  3. Will you require intensive or long-term medical care in the future?

If one or more of these situations applies to you, it is worth talking to an attorney about your case. An experienced lawyer can help you get answers, investigate what happened, determine who is responsible, and work to recover the compensation you deserve.

What to expect when hiring a brain injury lawyer

When an attorney begins working on this type of case, an investigation will happen. We look at the injured person’s history—work history, medical history, etc.—to create a picture of who our client was before the accident. We look at the events leading up to the accident, the accident itself, and A Wooden Gavel on a Tableeverything that has occurred since the accident. We hire experts to calculate what it will take, medically and financially, for you to have the best quality of life possible.

Often, we will have you evaluated by additional brain injury experts in several specialties. The reason you will undergo all these evaluations by brain injury experts is to determine beyond doubt the precise cause of your brain injuries, the best treatment plan for you to undertake, and how your brain injuries will affect your future.

We have to do so much work proving your case because defense attorneys fight brain injury claims very hard. Let’s face it, treating brain injuries is really expensive, and insurance companies don’t want to have to see that money leave their bank accounts. So defense attorneys hire their own set of experts to try and poke holes in your case and claim that you aren’t hurt as badly as you say, that your injury wasn’t because of a work accident, or that you don’t even have a brain injury. Over the years, we’ve seen the same group of defense experts in the brain injury cases we handle. We know their arguments and we know what it takes to defeat them.

The bottom line is that insurance companies are much less likely to offer the comprehensive and aggressive rehabilitation therapy recommended by doctors if you do not have a top-of-the-line insurance policy or if you were injured at work and are fighting with your employer’s insurance company for coverage.

These challenges can leave the burden of care on your family and friends, who may not have the time, the skills, or the money to get you the help you need. If you find yourself without adequate rehabilitation and long-term care after a serious accident and you haven’t discussed your situation with an attorney, you should have that conversation. An attorney can help you determine your legal rights and can be an advocate for you.

How much is my brain injury case worth?

Brain injuries impact different people in different ways, and there are no guarantees in the outcome of your individual case. As a result, every brain injury case is different. However, in general, brain injury victims may be entitled to the following types of compensation:

  • Payment of past medical bills
  • Funds to pay future medical bills
  • Payment of wages for missed work
  • Payment for work that will be missed in the future, often for a lifetime
  • Pain
  • Mental anguish
  • Physical impairment
  • Disfigurement
  • Loss of a “normal” life and strain on caretakers

In general, more severe brain injuries will bring higher case values. The medical bills are often quite high, and victims often need a lifetime of continuing medical treatment, counseling and consultations. For this reason, we often hire a life care planning expert to review case materials, work with our clients, and prepare a report that details all of the care they will need and how much it costs. This figure represents the claim for payment of medical bills in the future. The impact on your home life may also be considered when calculating your losses.

Most brain injury victims not only miss work initially after the accident, but will never be able to work again. In these situations, we hire an economist expert to prepare a report analyzing how much our client would have made for the rest of his or her career. This figure represents the claim for payment of missed work in the future.

The remaining compensation elements are highly case specific and depend largely on how different a brain injury victim's life is compared to their condition and activities before the accident that caused the brain injury.

Questions? Contact VB Attorneys for a free consultation today

If you have questions about whether or not to file a lawsuit after a serious head injury, or if you need help on behalf of a loved one who has been hurt, we encourage you take advantage of a free case review with our experienced attorneys. Your initial meeting with us is completely free and without obligation, and it will give you a chance to learn more about your rights and get answers to all of your questions. To get started today, call our office or fill out the contact form on this page.


Vuk Stevan Vujasinovic
Experienced Injury Lawyer. First Generation American. Life-Long Texan. Husband. Father.