How to File a Brain Injury Lawsuit

Brain injury can result from a variety of situations, including no-fault accidents, abuse, assault and medical malpractice. If your brain injury resulted from another's negligence, you may have grounds to file a personal injury lawsuit and receive compensation. To file a lawsuit, you should consult a personal injury attorney, preferably one who specializes in brain injury or similar cases.

Instructions

1. Understand the grounds for filing a brain injury lawsuit. Your brain injury must be the result of an action deemed legally negligent. If you are not sure whether or not you have a case, contact a personal injury lawyer for a free consultation.

2. Provide proof that you have suffered as a result of your brain injury. As the plaintiff, your attorney must prove that your brain injury resulted in damages, including pain and suffering, financial loss, medical bills and loss of property. Keep meticulous records of all expenses related to your injury and a detailed log to record the effects of the injury on your psychological and physical well-being.

3. Make sure an attorney is licensed to practice law in the state where the negligent act that caused your brain injury took place before hiring him. If you seek compensation above a designated amount or don't reside in the same state as the defendant, your case may fall under federal jurisdiction. Your attorney can handle this matter on your behalf.

4. Prepare to go to trial but expect to settle out of court. The vast majority of brain injury plaintiffs never enter a courtroom. Before your attorney can enter into a settlement agreement, you must agree, in writing, to waive your right to bring any further legal action against the other party.

5. Be patient. It can take a year or longer to resolve a lawsuit after your attorney files the initial paperwork. The amount of time it takes for you to receive justice for you brain injury may depend on many factors, including the backlog of cases in your jurisdiction and the complexity of your case.

Tips & Warnings

• If you have trouble finding an attorney, contact your local lawyer referral service. You can also visit the website of the American Bar Association (ABA) and view their state-by-state lawyer referrals.

• When you call an attorney for a consultation, ask questions about her level of experience. You need an attorney with experience handling brain injury cases like yours who has achieved favorable settlements for her clients.

Resources

• Find an attorney through the ABA lawyer referral directory.