Traumatic brain injuries (TBIs) are catastrophic injuries that often have lasting consequences for victims and the people who care about them. Their lives can be altered in just seconds because of an accident, and it could have been prevented.
TBI victims are often faced with lifelong challenges and may not be able to work ever again. The family members are often faced with additional responsibilities and may be unable to make ends meet as the victim struggles to recover from the injury and learns to live in a new way.
If someone you love has suffered a TBI because of another party’s negligence, you shouldn’t have to shoulder the financial burden alone. The traumatic brain injury attorneys of Berry Law in Nebraska and Iowa can help you to pursue the financial compensation you need to secure your loved one’s care.
A TBI Lawyer Can Help to Take the Pressure Off You
The pressure on the family members can be overwhelming when a loved one suffers from a traumatic brain injury. The caregiving duties, financial strain, and coping with the shock of all the sudden changes can be difficult to bear.
As you focus on recovery, a traumatic brain injury attorney can remove the pressure of dealing with the insurance company and negotiate aggressively on your behalf. We can help you to understand what to expect throughout every step of the process. Our attorneys will:
- Handle all communications with the insurance company and defendant representatives
- Investigate the accident and gather evidence we can use to build a solid case
- Discuss the progress of your case and provide you with updates, legal advice, and help you to understand what to expect
- Identify all sources of liability and determine the parties who can be held responsible
- Document and calculate all damages thoroughly so that we have a clear picture of fair financial compensation
- Secure expert witness testimony to validate your medical claims and prove negligence if necessary
- File claims on your behalf with insurance adjusters and opposing legal counsel to aggressively pursue negotiations for maximum compensation
- Take your claim to court when litigation is needed to recover full compensation
Our firm will fight for the compensation you will need for proper treatment and hold the liable parties accountable for your losses. We serve our personal injury clients on a contingency fee basis, so you will not have to deal with any additional costs. We only collect a fee if we win your case or recover compensation on your behalf.
How to Prove Negligence in a Traumatic Brain Injury Claim in Nebraska and Iowa?
When a brain injury is caused by negligence, that means that some other person or entity is directly responsible for the injury. If you can prove that another party is negligent, they can be held legally responsible for the damages associated with the injury.
When you base a legal action on negligence in Nebraska, the burden falls on you as the plaintiff to show that negligent actions resulted in your injuries and losses. A TBI attorney would work to show that:
- You were owed a duty of care: the person responsible for the injury is expected to behave in a manner that protects others. For example, a driver owes a duty of care to drive safely and obey laws.
- There was a breach in the duty of care: the defendant did not behave in a manner that should be expected, for example, a motorist was driving drunk.
- The action caused your injuries: The action or inaction of the defendant must have caused your injuries directly. For example, the drunk driver hit your car and you suffered a TBI from the head trauma.
- You incurred measurable losses: You may legally bring a case for negligence if you lost something that is quantifiable. For example, you are incurring expenses to treat your traumatic brain injury.
Nebraska Personal Injury and Comparative Negligence
Nebraska Revised Statute § 25-21,185.09 outlines how contributory negligence affects a claimant’s ability to recover damages in civil cases. If a claimant is found to be partially at fault for their injuries, their awarded damages are reduced proportionally to their degree of fault. However, if the claimant’s contributory negligence equals or exceeds the combined negligence of all defendants, they are completely barred from recovering any damages. In such cases, the jury is required to be instructed on how negligence is allocated.
In the context of traumatic brain injuries, this statute means that if a TBI victim is partially responsible for the incident leading to their injury, their compensation will be reduced accordingly. For example, if a jury determines that the victim is 30% at fault and the defendant is 70% at fault, the victim’s damages would be reduced by 30%. However, if the victim is found to be 50% or more at fault, they would be barred from receiving any compensation.
It’s crucial for TBI victims to understand this statute, as it emphasizes the importance of establishing the defendant’s greater degree of fault to secure compensation. Consulting with an experienced personal injury attorney can help navigate these complexities and work towards maximizing recovery.
Iowa Personal Injury and Comparative Negligence
Iowa’s comparative fault law, outlined in Iowa Code § 668.3, addresses how a claimant’s contributory fault impacts their ability to recover damages in civil cases. Under this statute, a claimant can recover damages even if they are partially at fault, provided their fault does not exceed 50% of the total fault. If the claimant’s fault is 51% or more, they are barred from recovering any damages. When a claimant is less than 51% at fault, any awarded damages are reduced proportionally to their degree of fault.
In the context of traumatic brain injuries (TBI), this means that if a TBI victim is partially responsible for the incident leading to their injury, their compensation will be reduced by their percentage of fault. For example, if a jury determines that the victim is 30% at fault, their damages would be reduced by 30%. However, if the victim is found to be 51% or more at fault, they would be barred from receiving any compensation.
Understanding Iowa’s comparative fault law is vital for TBI victims, as it highlights the necessity of proving that their fault is less than 51% to remain eligible for compensation. Working with a knowledgeable personal injury attorney can provide guidance through the legal process, ensuring evidence is effectively presented to support your claim and minimize challenges to your recovery.
Common Causes of Traumatic Brain Injuries
According to the American Association of Neurological Surgeons, traumatic brain injuries are often a result of:
- Blows, bumps, or jolts to the head
- The head violently hitting an object
- An object piercing the skull and entering brain tissue
The causes are numerous and impossible to list comprehensively, but there are some causes that are more common than others. Here are some examples:
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- A sudden blow to the head
- Workplace injury
- Slip and fall
- Sports injuries
- Falls from height
- Bicycle accidents
The cause of your accident is important and will help to determine the sources of liability in the case. The liable parties may not always be obvious, but a TBI lawyer in Nebraska can help to identify those who are responsible and hold them accountable.
Contact a Nebraska or Iowa Traumatic Brain Injury Law Firm Today
When your loved one is faced with a TBI, you need the financial resources to achieve proper care. The Nebraska and Iowa traumatic brain injury lawyers of Berry Law can provide you with the legal counsel and representation you need to fight for the financial compensation you need.
Our firm has recovered substantial compensatory damages on behalf of our clients, and we are proud to help them secure life-changing settlements and awards. We have over 240 years of collective legal experience to draw upon for your case. Contact us today, and let us put our experience to work to secure your future.