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North Dakota Brain Injury Lawyer

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If you or a loved one has suffered any kind of head trauma, it's vital to have a medical professional evaluate you as soon as possible. If the doctor determines that you may have sustained a brain injury, the next step is to retain the services of a qualified brain injury attorney.

Brain injuries are among the most serious injuries a person can sustain. A traumatic brain injury (TBI) is defined as a blow or jolt to the head or a penetrating head injury that disrupts the function of the brain. Not all blows or jolts to the head result in a TBI. The severity of such an injury may range from "mild,"a brief change in mental status or consciousness, to "severe,", an extended period of unconsciousness or amnesia after the injury. A TBI can result in short or long-term problems with independent function.

Brain injury is considered a personal injury case. Most personal injury attorneys specialize in a particular field, however, and you should make sure that your lawyer has experience litigating brain injury cases so that you can secure the best possible representation.

The brain is a particularly vulnerable part of the body, and does not have the same ability as other parts to heal itself after an injury. Even if the injured person does recover from a traumatic brain injury, it is likely that there will be permanent changes or damages to their cognitive or physical functions. Effects of injury to the brain are more complex, more serious, and more long-lasting than other injuries.
In the state of North Dakota, you have to prove that the person who caused the injury was negligent and failed to use reasonable care. You must prove that you have suffered damages due to the failures of another individual. They failed to carry out the duty that they owed to you, which was to keep you out of harm's way.

If you are the one who is found to be careless or if your carelessness contributed to your injury, you may or may not be permitted to recover any damages under the North Dakota comparative negligent law. Under the North Dakota law, the modified comparative fault law prohibits you from recovering any damages if you were 50% or more at fault. If you were 49% or less at fault for your accident or injury, you may recover some damages.

In the state of North Dakota, the statute of limitations is six years, which means you have that long to file a lawsuit against the individual who caused you injury. If your brain injury lawyer is not able to settle the case with the insurance company, then you will have to file a lawsuit before the statute of limitation runs out.

Under North Dakota law, the person who caused you injury has to pay for your past, current and future estimated medical expenses, time lost from work including time spent to meet medical appointments and therapy, the cost of hiring anyone to help you, any permanent disability, emotional distress, and any future earning ability lost due to the injury.

If your brain injury can be determined to have been caused by the negligence of another individual or party, you have a right to know. You also have a right to seek financial compensation for that injury not only for your medical costs and lost wages, but also for any pain or potential long-term effects that stemmed from the brain injury. You can also seek compensation for time lost from work to meet medical appointments and therapy, the cost of hiring anyone to help you, any permanent disability, emotional distress, and any future earning ability lost due to the injury.