Auto Accident TBIs

If you’ve recently been injured in an auto accident and the harm you’ve suffered includes a traumatic brain injury, it is time to speak with an attorney about your rights and options under the law. You may be eligible to receive one or more kinds of compensation, depending upon the nature of the circumstances that led to your accident. Once an attorney has thoroughly evaluated your situation in a risk-free consultation setting, they can provide you with an objective analysis of your unique rights and options.

Generally speaking, there are two primary kinds of compensation that auto accident victims pursue in regards to traumatic brain injuries sustained as a result of auto accidents. While the auto insurance claims process will come into play at some point along your road to legal, financial, and medical recovery, compensation for your injuries will likely be rooted—at least, primarily—in a workers’ compensation claim and/or a personal injury lawsuit.

Workers’ Compensation Claims

Unlike personal injury damages, you can pursue workers’ compensation benefits as a result of your TBI even if the accident that led to your harm was partially or totally your fault. Why? Workers’ compensation is a no-fault system. This means that workers who are eligible for this coverage cannot sue their employers when they get hurt—although they may still sue third-parties, as detailed below—but they are, instead, granted the right to benefits if they sustain work-related harm regardless of who or what caused the harm in question.

Sometimes, when workers sustain very minor injuries on a traditional jobsite while surrounded by witnesses, it’s fine for them to file a workers’ compensation benefits claim without the aid of an attorney. However, as an experienced brain injury lawyer – including those who practice at the law firm of Barry P. Goldberg – can confirm, an off-site auto accident can cause the benefits claims process to become much more complex. As a result, it is generally a good idea to connect with an attorney who practices law in your state if you wish to file a workers’ comp benefits claim after sustaining a work-related TBI as a result of a car wreck.

Personal Injury Lawsuits

If another driver or other party contributed to the causes of your crash, you may have grounds upon which to file a personal injury lawsuit. For a personal injury lawsuit to be successful, you’ll need to prove that the defendant in your case caused your injuries by virtue of their negligent, reckless, or intentionally harmful conduct.