The Challenges of Filing a Brain Injury Lawsuit in San Jose

After suffering a brain injury in San Jose, the last thing you want to experience is a complex and emotionally-draining lawsuit. It is true that you may face a number of challenges as you attempt to recover a settlement, and these challenges can seem quite daunting. After all, most injury victims are not legal experts, and some of the more complex obstacles can seem extremely discouraging. In some cases, victims even give up entirely, believing that a lawsuit just is not worth the time and effort. While this attitude is certainly understandable, you should not simply give up on the chance of a considerable settlement.

Remember, brain injuries can get progressively worse over time. Even though a lawsuit might seem unnecessary today, there is no telling how your condition might advance as you get older. In a few decades, you may wish you had taken the prospect of a lawsuit more seriously. In addition, a settlement can be incredibly helpful in the here and now. You may be dealing with considerable medical expenses as you try to treat your brain injury. Perhaps you are receiving assistance from a neurologist.

Maybe you have been forced to see a psychologist because of personality changes caused by your brain injury. On top of this, your brain injury may have caused significant cognitive decline. This may prevent you from working. You may discover that you are no longer able to perform your job, and you might even lose your job entirely. This can lead to a significant loss of income. Combine this with mounting medical expenses, and you have a recipe for a financial disaster.

The good news is that a personal injury attorney can help you recover a settlement that can pay for all of these losses. Your settlement can also cover non-economic damages, such as depression, anxiety, PTSD, personality changes, and even the breakup of your romantic relationships due to your brain injury. Finally, a settlement can also provide you with compensation for expected future losses that technically have not happened yet. The sooner you book a consultation with our qualified legal professionals, the sooner you can start working toward this settlement.

Proving That Your Brain Injury Actually Happened

One of the most notable challenges associated with this type of lawsuit is proving that your brain injury actually happened in the first place. The issue is that brain injuries can be virtually invisible from the outside. A judge or a jury might look at you and have no idea that you are suffering from cognitive decline, personality changes, serious depression, and a range of other possible consequences of a brain injury. In contrast, it is immediately clear that someone has suffered a broken leg or a disfigured face, even if these injuries are often less serious and life-altering compared to a brain injury.

Therefore, testimony from medical experts becomes very important with these lawsuits. Medical records are very important pieces of evidence, as are medical images like MRIs and CT scans. Obviously, it is also important for you to actually get medical treatment in the first place after your brain injury. If you wait too long or fail to see a doctor, questions will be raised about the legitimacy of your injury.

Recovering a Settlement That Reflects Your Non-Economic Damages

Sometimes, it is difficult to receive what you actually deserve in your settlement after a brain injury. Economic damages like medical expenses and missed wages are relatively easy to prove, but non-economic damages can be more challenging. For example, you might be suffering from a serious personality change that has impacted your relationships and your ability to lead a normal life. How do you quantify that in terms of financial losses? A qualified attorney can work hard to make sure you get exactly what you deserve.

The Statute of Limitations

The statute of limitations can also pose a challenge for brain injury victims. Some victims become cognitively impaired, and some might even suffer memory loss. In extreme cases, brain injury victims can even find themselves in comas. Thankfully, the statute of limitations allows victims to file lawsuits even if the normal “time limit” of two years has expired, providing that they prove they didn’t become aware of their injuries until long after the accident.

Enlist the Help of a Qualified Attorney Today

If you have been searching the San Jose area for a qualified, experienced personal injury attorney, look no further than Mary Alexander & Associates. With our assistance, you can strive to overcome all of these challenges in an efficient, confident manner. We understand how devastating and life-altering brain injuries can be, and you deserve to be fully compensated for your damages. We can utilize a number of effective strategies to overcome the challenges mentioned in this article, and we can hold negligent parties accountable. Book your consultation today, and we will help you see that justice is served.