What is a Brain Injury Lawsuit?
A brain injury lawsuit is a way for victims of a brain injury to receive financial compensation. The victim has the right to bring the claim if the harm results from others’ negligent actions. The claim is the forum for the victim to prove their case and demand compensation. A successful brain injury lawsuit results in financial compensation to the victim for various losses, including medical bills and future care needs. If you find yourself in this situation, the Elite Litigation Group is ready to help you start to rebuild your life. We are solely focused on helping families work through complex issues and decisions through the legal process. We fight to get you the relief you need to support you and your family after a brain injury.
What Is a Brain Injury Lawsuit?
A brain injury lawsuit is a way for victims of a brain injury to receive financial compensation. The victim has the right to bring the claim if the harm results from others’ negligent actions. The claim is the forum for the victim to prove their case and demand compensation. A successful brain injury lawsuit results in financial compensation to the victim for various losses, including medical bills and future care needs.
Why Choose the Elite Litigation Group for Your Traumatic Brain Injury Lawsuit?
The sudden and unexpected death of a family member or suddenly being confronted with a catastrophic injury changes life in an instant and raises many important questions about what has happened and about what to do next.
Our Elite Litigation Group will take immediate action to get real answers for your family about what happened to your loved one. We mobilize experts to secure and preserve important evidence and initiate an independent investigation on your behalf. At the same time, our Elite Litigation Group will serve as a resource and anchor for your family advising you about your constitutional rights as a crime victim and about the various government, insurance, financial and community resources that may be available to your family based upon the individualized needs and specific circumstances. Our team will help your family navigate all aspects of a sudden loss or catastrophic injury and will serve as very powerful advocates for your rights every step of the way!
Consultation is free, there’s no hourly fees or upfront expenses.
- Emergency care/urgent care expenses
- Medical devices, mobility devices, home modifications
- X-rays, scans, imaging
- Physical Therapy
- Lost wages in the short and long term
- Pain & Suffering
- Loss of Enjoyment in Life
- Mental Anguish
- Physical Impairment
Defective Medical Device
Our client underwent a common hip replacement surgery but was implanted with a defective product that required multiple revision surgeries that ultimately destroyed the hip joint and caused significant permanent physical disability.
Pedestrian Struck by Car
Our client was a pedestrian that was struck by a motor vehicle and suffered a serious brain injury
Bicyclist Hit by Car
The Elite Litigation Group was hired to protect the rights of a bicyclist that suffered a spinal cord injury after being hit by a car
Commercial Truck Collision
The victim suffered multiple blunt force trauma, internal bleeding, a liver laceration, a broken pelvis and a leg after being involved in a commercial truck crash
Fall at Commercial Property
The team of legal professionals at Elite Litigation Group successfully recovered over $3 million dollars for a client that sustained a spinal cord injury after falling at a commercial property
Meet Our Legal Experts
We know that what happened to you is unimaginable. Our goal is to help you have the best possible experience in the legal system. When you need skilled, experienced, and compassionate representation, the Elite Litigation Group is here for you.
Thank you for not giving up on me.
…there was a point when I wanted to give up… Bachus & Schanker did not give up on me. They just kept pushing through and letting me know that we’re on a team and that they’re there for me, to support me and help me in any way I need.
Thank you for giving me a second chance, for helping me with a second chance and thank you for not giving up on me.
When you go through an accident, so many people you find give up on you and you don’t matter anymore to them and that wasn’t the case with Bachus & Schanker.
We’re One Click Away
We urge you to please reach out to us as soon as possible to set up a no-obligation consultation. A lot of times, legal proceedings such as these are time sensitive and we want to offer you the best resources and options to help you in your time of need.
Traumatic Brain Injury (TBI) FAQs
What Damages Can I Recover in a Brain Injury Claim?
- Emergency room bills
- Surgery, other stabilization measures
- Long-term care
- Investigative tests to determine the extent of an injury
- Physical therapy
- Occupational therapy
- Mental health counseling
- Physical mobility devices
- Lost work/lost income
- Personal care assistance, if needed
- Pain and suffering
- Emotional anguish
- Change in lifestyle
- Punitive damages (special qualifications apply)
Do I Qualify to Bring a Brain Injury Lawsuit?
Whether you qualify to bring a brain injury lawsuit depends on the cause of the accident. There are two standards to go on – negligence and intentional conduct. If someone hurts you on purpose, that’s intentional conduct, and you qualify to bring a claim.
However, most brain injuries don’t happen because of intentional conduct. Most accidents are just that – accidents. They occur because of carelessness. A party can be held responsible for careless conduct that results in harm to someone else.
To qualify to bring a brain injury lawsuit, you have to show that someone else’s conduct failed to meet standards of reasonable care. Then, you show how the carelessness caused the accident and your injuries. If these things are true in your case, you qualify to bring a brain injury lawsuit.
Can My Brain Injury Claim Include Long-Term Damages and Needs?
Yes. In fact, a brain injury claim should account for long-term damages and needs. It can be a challenge to know how to value these damages because you may not know the full extent of a brain injury at its onset. You can’t see into the future to know how your recovery is going to progress.
Properly valuing the case requires careful work with medical experts to determine and verify long-term needs. Then, these long-term losses and expenses can be valued in the case. It’s critical to do this work from the beginning because it’s challenging, if not impossible, to reopen a claim once it’s resolved.
How Do You Prove Your Case in a Brain Injury Lawsuit?
To prove your case in a brain injury lawsuit, you rely on medical evidence. Your test results, scans and other medical records take center stage. Medical experts must explain the evidence and the extent of your injuries.
Remember, you have to prove the entire case. Medical evidence is critical. However, don’t overlook proving that negligence or intentional harm occurred. You must also establish the link between the negligent conduct and the accident. The other side gets to respond, and you must be prepared to counter their defenses. You have access to discovery in formal litigation in order to help you gather evidence.
What’s the Process of Bringing a Brain Injury Case?
Bringing a brain injury case begins with filing a claim. A document called a complaint starts the lawsuit. It states the cause or causes of action like negligence. Then, the victim files the complaint in the appropriate court and serves the other side.
After that process, the other side responds, and the parties engage in gathering evidence. In most cases, the parties can negotiate a resolution that’s mutually agreeable. However, if the parties cannot resolve the issue, a judge or jury may hear the evidence and decide the claim. This is why it’s crucial to have a strong legal team with the skill and experience to negotiate a fair settlement or present your brain injury case in court.
Do Most Brain Injury Cases Go to Trial?
No, most brain injury cases do not go to trial. Usually, the evidence becomes clear and the parties are able to resolve the case. Our Elite Litigation Group builds a legal strategy designed to make the value of the claim clear through strong evidence. We pursue the best possible resolution, whether it’s going to trial or reaching a settlement.
Overall, building a strong case with the help of our brain injury attorneys puts you in the best position to get the financial relief you deserve. The attorneys with the Elite Litigation Group will conduct investigations and secure evidence on behalf of clients.
What Should I Do After a Brain Injury?
A traumatic brain injury can be devastating in more ways than one. We know nothing can change what happened, but you can start the process of rebuilding your life in this new reality. The first step is working with a legal team with extensive experience with brain injury claims and can help you get the maximum settlement for your injuries and suffering.
The brain injury attorneys with the Elite Litigation Group at Bachus and Schanker, LLC, exclusively represent accident victims. This group was built to help those who have suffered catastrophic injuries get the justice they deserve. If you’re ready to get your life back and hold the responsible parties accountable for their actions, we’re here for you every step of the way.
Traumatic Brain Injury (TBI) Resources
Remember, brain injury victims have rights when it comes to claiming compensation and receiving assistance. Here are some resources to help you understand these rights and who to contact for support:
Americans with Disabilities Act – The Americans with Disabilities Act (ADA) requires public and private entities to provide reasonable accommodations for people with disabilities. You may receive appropriate accommodations in employment, businesses and government operations.
Colorado Anti-Discrimination Act – It is illegal to discriminate against someone with a disability under the Colorado Anti-Discrimination Act.
Supplemental Security Income/Social Security Disability Income – The United States has two federal programs that may help someone suffering from a brain injury. Supplemental Security Income (SSI) provides basic income for people with disabilities. If your brain injury prevents you from continuing your employment, you may claim Social Security Disability Income (SSDI) based on your work history.
Department of Human Services – If you need financial assistance, the Colorado Department of Human Services can help you. You may qualify for Medicaid, cash assistance, food benefits and more.
Aid to the Needy Disabled – The State of Colorado has a state-run program specifically for people with disabilities. The Aid to the Needy Disabled program provides temporary assistance while an SSI application is pending. It can also provide ongoing supplemental benefits if you don’t receive full SSI benefits.
Brain Injury Association of America – Provides information about brain injuries, support resources, public advocacy and research.
Family Caregiver Alliance – Resources for caregivers.
If you’re ready to take legal action after a brain injury, the Elite Litigation Group is ready to represent you. Contact our team to schedule a free case consultation.