If you have suffered a brain injury due to the negligence or recklessness of another person, business or government agency, you may be wondering the best way to seek compensation for your injuries.
Many New York brain injury lawsuits settle out of court while others proceed to trial.
Understanding the two different legal processes and consulting with an experienced New York brain injury attorney will aid you in deciding the best course of action.
What do You Need to Prove to Succeed in a Brain Injury Lawsuit?
There are many types of traumatic brain injury but most brain injury lawsuits fall under the area of personal injury law.
To succeed in a personal injury lawsuit, you must demonstrate that another person, business or government agency owed you a duty of reasonable care and that they breached that duty with a negligent or reckless action or inaction.
Additionally, you must show that this breach of duty caused your injuries.
In a brain injury lawsuit, you will need to show that someone else like a doctor or fellow driver owed you a duty of care and breached it with his or her negligent act or omission.
If a car accident caused your brain injury, you would need to show that the other driver’s negligent driving caused the accident that in turn caused your brain injury.
If your brain injury occurred as a result of being under medical care, you would need to show that the doctor or the health care provider in charge of your care acted negligently and that negligence caused your brain injury.
Whether you go to trial or settle, you will need to gather facts and evidence that demonstrate that you have met the elements required to succeed in a personal injury lawsuit.
What is the Difference Between Settling Out of Court and Going to Trial?
When someone settles a case, that means that both parties agree that in exchange for a one-time payment to the plaintiff, the plaintiff agrees not to go to trial and the defendant does not need to admit legal fault.
In other words, instead of going to trial, you will receive a one-time payment of a compensation amount of which you and the defendant agree.
The settlement amount should take the following factors into account — the total cost of your past, present, and future medical care; your pain, and suffering; lost wages; and the degree of fault of the defendant.
Should I Settle My Brain Injury Case Out of Court?
The majority of brain injury lawsuits settle out of court.
When you settle, you know exactly how much money you will receive whereas if you go to trial, you risk not being awarded anything at all.
Settlements resolve sooner than trials, which could take years.
Your attorney’s fees and costs are almost always less when settling, and the settlement is usually private.
On the other hand, juries often award more significant amounts at trial that the plaintiff may receive during a settlement.
Because trials are public, the defendant will be held publicly accountable for his or her actions at the end.
Many factors and considerations go into the decision of whether or not to settle your traumatic brain injury lawsuit.
To make the best decision on whether or not to settle your case or go to trial, you should consider contacting the experienced New York personal injury attorneys at Pulvers Thompson to set up your consultation.