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Timeline of a Brain Injury Lawsuit in San Jose

Timeline of a Brain Injury Lawsuit in San JoseIf you have suffered a brain injury in San Jose, you may have the ability to file a personal injury lawsuit against the negligent party that caused your accident. However, it is important to understand that this is not a straightforward process. You may have a long road ahead of you, and this road might be filled with paperwork, negotiations, and other legal matters. If this process seems daunting, you should know that you are not alone. There are many legal and medical professionals waiting to assist you, and you can walk this path with plenty of support. Knowing what lies ahead is the first step as you move forward.

If you want to get a sense of what to expect, your best bet is to get in touch with an experienced personal injury attorney in San Jose as soon as possible. These legal professionals can explain all the various aspects of a personal injury lawsuit in a clear, concise manner. Once you are clear on these factors, you can decide whether to move forward. If you do decide to file a lawsuit, your attorney can then guide you forwards and represent you during every stage of this legal process.

The Accident

The timeline of a brain injury lawsuit starts with the accident itself. Lawsuits can stem from a wide range of different accidents. These include:

  • Car accidents
  • Workplace accidents
  • Slips and falls
  • Assaults
  • Botched medical procedures
  • Malfunctioning products

It is important to note that not everyone who suffers a brain injury can file a lawsuit. Lawsuits are only possible when someone else’s negligence led directly to your brain injury. In the case of a car accident, this might mean that someone was driving recklessly before they impacted your vehicle. Or perhaps they were under the influence of alcohol prior to the crash. In the case of a workplace accident, you cannot sue your employer directly. However, if a third party causes your accident, such as another company working alongside you, they can be held liable.

A slip and fall lawsuit can only occur if your accident happened on someone else’s property. If you have suffered a head injury due to an assault or another violent crime, you can only sue if you can prove that a property owner hired inadequate security. If you suffered a head injury due to a botched medical procedure, you will need to prove that a doctor engaged in gross negligence. If your head injury was caused by some kind of defective or malfunctioning product, you will need to prove that you were using that product properly at the time of the accident.

Medical Treatment

After suffering a brain injury, all plaintiffs must get medical treatment as soon as possible. Firstly, this makes sense from a purely logical point of view. Secondly, your medical records will be used as evidence as you move forward with your personal injury lawsuit. If you never get medical treatment, insurance companies and defendants can argue that the injury never actually occurred in the first place. Remember, your settlement will compensate you for all of your medical expenses.

Negotiating With Insurance Companies

The vast majority of defendants have insurance companies that cover their losses for personal injury lawsuits. This means that you will likely need to negotiate with these insurance companies directly. Around 95% of personal injury lawsuits never go to trial, as insurance companies provide settlements before this happens. Your attorney will negotiate with these insurance companies on your behalf and ensure that you receive a fair, adequate settlement.

The Trial

If the insurance company is unwilling to provide a settlement or they seem intent on providing you with an inadequate sum of money, your attorney can then represent you in court during a trial. This means that a judge and jury will make the final decision as to how much money you will receive. During this process, evidence will be brought before the court so that a fair decision can be made. Compared to negotiating a settlement outside of court, there is always a certain degree of uncertainty that surrounds the trial process. You never really know what the final decision of a judge and jury may be.

Enlist the Help of a Qualified Attorney Today

With all that said, one of the first things you should do if you have suffered a brain injury in San Jose is to get in touch with a qualified, experienced personal injury attorney in San Jose. Reach out to Mary Alexander & Associates at your earliest convenience, and we can immediately start working on an effective action plan for you. With our help, you can fight for the compensation you deserve. Remember, there is a timeline when you are taking legal action after an injury. The statute of limitations may prevent you from filing a lawsuit if you wait too long. This means that it is in your best interests to start this process as soon as possible. Book your consultation today.