When someone sustains a traumatic brain injury (TBI), the aftermath is often devastating for both themselves and their loved ones. While the victim is lucky to be alive, there’s a good chance their condition will affect their physical, emotional, and financial wellbeing for years to come. Thankfully, those who get hurt through no fault of their own can usually seek compensation by filing a brain injury claim. If you’re recovering from a TBI because someone failed to act with reasonable care, you may be thinking about taking action.
Although you have a long road ahead and there’s no way to guarantee your efforts will yield a payout, there are steps you can take—and missteps you can avoid—to give your case a better chance of success. Read on to learn what they are:
Do Prioritize Your Recovery
In the wake of the accident, your health should be your priority. It can certainly be challenging to put your recovery first, especially if you have a family to take care of, but in the long run, it’s for the best. There’s a reason why airlines instruct passengers to put on their own oxygen masks in the event of an emergency before helping others.
Prioritizing your health will also contribute to the strength of your claim. Injured parties are expected to take reasonable measures to mitigate damages, and that starts with following all medical advice.
Don’t Post About Your Journey on Social Media
Before you turn to your friends and followers online for support, consider what could happen if the opposing party were to see your posts. Chances are they’ll be monitoring your online activity, after all, and you don’t want to give them any cause to challenge your credibility.
Seeing as even seemingly innocuous content can be misinterpreted and ultimately used against you, it’s advisable to lay low online until your claim has been resolved.
Do Track All Associated Losses for Your Brain Injury Claim
You will only be able to seek funds for the damages you can prove you actually incurred, so make sure to track them diligently. The easiest way to log economic losses is by preserving all associated documentation, like receipts, invoices, and paystubs.
As for logging non-economic losses, you can start by keeping a daily journal. When it comes time to demonstrate the extent of your pain and suffering, diminished quality of life, and mental anguish, detailed entries will be incredibly handy.
Don’t Wait Until Reaching MMI to Commence the Proceedings
It can take more than a year to reach maximum medical improvement after sustaining a TBI. That doesn’t mean you should postpone calling an attorney, however.
In fact, it’s wise to get your claim underway as soon as possible. While you shouldn’t conclude the proceedings until you’ve reached MMI, your legal team will want to get started right away. This will give them the opportunity to compile time-sensitive evidence. It will also ensure you don’t miss any critical deadlines or make mistakes early on that end up jeopardizing your claim down the road.
Discuss Your Case with a Brain Injury Attorney in Long Beach
Your Injuries Are Personal to Me
If you sustained a TBI in a preventable accident and you’re hoping to hold the liable party accountable, turn to the Law Office of Michael D. Waks. Attorney Waks is a top-rated trial lawyer who has been counseling injured parties and their loved ones for more than 38 years. To schedule a free initial consultation with a brain injury lawyer in Long Beach, complete our Contact Form or call (562) 206-1939.
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