When a person suffers a traumatic brain injury, their lives could drastically and negatively change. They may be unable to do the same things they once enjoyed or may be unable to work following the accident. This alteration could be temporary or permanent. Either way, the change has a lasting impact on a person’s life and it can be extremely difficult for an injured person to move forward. A traumatic brain injury is regarded as a catastrophic injury and the devastating nature of such an injury could be magnified by the presence of a negligent party. Someone who has experienced such a tragedy should consider learning about the role of a Brooklyn traumatic brain injury attorney. A compassionate traumatic brain injury lawyer could review the circumstances surrounding your injury and work to develop a comprehensive legal strategy to hold the reckless party responsible.
Initiating the Lawsuit of a Traumatic Brain Injury Case
Behind the scenes, the role of a Brooklyn traumatic brain injury attorney typically revolves around a lot of the legal drafting. For example, when a lawyer files a lawsuit on behalf of an injured person, they typically must begin by submitting a complaint. They must also answer certain types of interrogatories. The complaint generally contains the plaintiff’s allegations or reasons for bringing the legal action. The opposing party typically responds to each allegation. While the responses can be ones admitting guilt, this is not always the case. The responses often deny the allegations or say that they cannot admit or deny upon knowledge of information. The latter response is typically asking for more information before agreeing to answer the question.
Developing a Comprehensive Bill of Particulars
The accused party may serve a demand for a bill of particulars which may include questions about the plaintiff’s name, residential address, date of birth, the negligence in the case, and a list of all the injuries. A detail-oriented traumatic brain injury lawyer should take extra caution to ensure that all the plaintiff’s injuries are listed in the bill of particulars. Otherwise, if an injury is not listed on the bill of particulars and the lawyer for the plaintiff begins talking about the injury at trial, the opposing legal counsel could make an objection. The objection would generally be on the grounds that the injury is listed in the bill of particulars. If sustained, the objection typically preclude’s the plaintiff’s attorney from mentioning it.
Filing a Motion in a TBI Case
The role of a Brooklyn traumatic brain injury attorney could be particularly helpful in understanding the process of filing a motion or responding to a motion made by a defendant. For example, a defendant and their lawyer may decide to file a motion asking the court to strike the case from the trial calendar because they want another defense, medical exam, or they may even be asking to have the venue of the case moved to another county. In most cases, the plaintiff’s traumatic brain injury attorney typically must respond to each motion. Additionally, if there is an opportunity to file a motion on behalf of the injured individual, the TBI attorney could file it.
Types of Damages Involved in a Traumatic Brain Injury Case
There are several types of damages that may be recovered in a traumatic brain injury case. An injured person generally could file for damages regarding medical expenses, pain and suffering, lost wages, property damage, and loss of consortium. Additionally and especially in cases where the TBI causes extensive negative changes in someone’s life, a person could be eligible to receive damages for future pain and suffering as well as future lost wages.
Discuss the Role of a Traumatic Brain Injury Lawyer in Brooklyn
The circumstances involved in someone suffering a traumatic brain injury often vary widely. Regardless of how the injury occurred, learning about how the role of a Brooklyn traumatic brain injury lawyer could impact your case could be substantially beneficial. A skilled TBI lawyer could help demonstrate how the negligent party’s actions led to your injury and fiercely advocate on your behalf. Call today and start reviewing your potential legal options.