Can I Sue for Damages After Suffering a TBI in a Car Accident?
You can sue for damages if you’ve suffered a traumatic brain injury in a car accident and you believe that another party, or multiple parties, are to blame.
Compensation in a case like this falls into two broad categories:
Economic damages: These cover medical bills, vehicle repairs and lost wages. They can also cover long-term expenses if your TBI affects your earning potential or leads to future medical expenses. Economic damages can include the cost of mobility aids and specific treatments, like physical therapy.
Non-economic damages: These compensate you for the effects of the crash that are harder to quantify, like emotional distress, loss of enjoyment of life and any other pain and suffering you experienced as a result.
Also be aware of Indiana’s comparative fault law. You can recover damages only if you are 50% or less at fault for the crash.
It may seem obvious to you that you weren’t more to blame than the other driver. But this law can still cause complications because you can be found partly at fault and have your compensation reduced.
For example, say your damages total $50,000, but the other driver’s insurance company successfully argues that you were 20% to blame for the crash.
Your compensation drops by 20%, so you lose $10,000. That’s frustrating when you know you didn’t cause the collision and you need all the financial assistance you can get to recover.
A Fort Wayne car and motorcycle accident attorney will work to demonstrate that you were not even partly at fault for the crash that caused your traumatic brain injury so you can pursue full compensation.
Start with a FREE case consultation.
What Evidence Can Support a TBI Car Accident Case?
Stating that you suffered a traumatic brain injury in a car accident won’t be enough. No matter how much pain you’re in or what kinds of effects your TBI has, you’ll need to back up your claim with evidence.
Items that can strengthen your case include:
- Photos of the crash scene and road conditions
- Video from any nearby security cameras
- Pictures of the damage to your vehicle and repair estimates
- The police report on the crash
- Statements from people who witnessed the crash
- Medical records detailing the severity of your injury, like imaging results and lab tests
- Results from cognitive tests and neurological examinations
- Any other evidence that your traumatic brain injury continues to affect your life
- Estimates of future medical costs
- Financial records showing missed work and lost income
A traumatic brain injury can have lingering effects that last a lifetime.
Our Indiana personal injury attorneys work with you to gather and organize your evidence, provide a complete picture of how your health issues are likely to continue and argue for the maximum possible compensation.
