This is the last article in a series discussing personal injury cases in which the victim has suffered a traumatic brain injury in Fort Worth, Texas. When a catastrophic accident occurs, the victim and their family may not know how to proceed through the legal process. The objective of this series has been to provide information about common issues that arise in traumatic brain injury cases. Another goal has been to educate victims and their families about what to expect during the lawsuit and how to select competent legal counsel to represent their interests. If you or a loved one have suffered a head injury in an accident, please contact an attorney immediately.
This series has highlighted the following subjects:
- Identifying all possible defendants following a serious accident
- Understanding the length of time between the accident and settlement or litigation
- The possibility of a bifurcated trial
- Selecting a firm willing to represent you through the litigation process
Traumatic brain injury cases can be particularly complex for a variety of reasons. First, it is not uncommon to identify more than one party who is potentially responsible for the accident. In workplace accidents, for example, multiple individuals or companies may be liable. To maximize one’s recovery of damages, it is imperative to identify all possible defendants following the incident. Doing so often requires an in-depth investigation into the accident and may involve complex legal theories. Second, after a serious accident occurs and before a formal lawsuit is initiated, the defendants’ insurance companies typically attempt to negotiate a settlement with the victim or their family. Because this process is largely dependent upon understanding the long-term medical prognosis of the victim, the negotiations can be lengthy. For this reason, it may be months or years between the accident and initiating litigation through the court system. An experienced attorney will understand when the statute of limitations will expire and how to preserve your right to sue. Third, when a victim’s injuries are serious, a common tactic for the defense is to request a bifurcated trial. This effectively splits a trial into two parts and is normally not favorable to the plaintiff. Your attorney should be knowledgeable about how to challenge such requests. Finally, it is important to carefully evaluate law firms before engaging them to represent you in serious injury cases. Choosing a firm with adequate experience, resources, and which is willing to represent you through trial if needed, is imperative.
If you need assistance with a case that resulted in a traumatic brain injury, we suggest that you retain a firm in which the attorneys are Board Certified in Personal Injury Law and which also employs its own investigator. We recommend contacting a lawyer as soon as possible after an accident occurs. This is true in Fort Worth and elsewhere in Texas.