Fremont Traumatic Brain Injury Lawyer
A traumatic brain injury (TBI) may result from several different scenarios, including a lack of oxygen, blunt force, and exposure to pressure waves. Regardless of the specific cause, the effects of a TBI can be devastating to your health and affect your thoughts, actions, and even basic motor functions.
If you are suffering from such an injury, it may be important for you to contact a Fremont traumatic brain injury lawyer as soon as possible. With the help of a qualified Inkelaar Law catastrophic injury attorney who understands the complexities of these cases, you could always have someone vehemently fighting for you and looking out for your best interests as you deal with this severe and debilitating injury.
Fremont Traumatic Brain Injury Law
According to Nebraska law, individuals are held liable for their willful acts and for damages and injuries that result from their negligence or omission. To prove negligence in Fremont, the plaintiff and his or her attorney must show:
- Breach of duty on behalf of the defendant
- Causation between the breach of duty and injury
- That the defendant should have foreseen the dangers of their actions
- Damages (economic, non-economic, punitive)
In cases where the defendant proves shared liability, compensation is adjusted based on proportional fault. For example, a plaintiff found 20 percent at fault would be eligible to recover a maximum of 80 percent of his or her total damages. This is based off on Nebraska’s modified comparative negligence law, as defined in Nebraska Revised Statutes §25-21,185.09.
However, independent conversations and agreements with insurance adjusters do not have to follow these laws. In these situations, a skilled traumatic brain injury lawyer in Fremont may be able to negotiate with the defendant without a trial and minimize legal costs.
The Statute of Limitations for a TBI
If you have suffered a catastrophic brain injury in Fremont, you must file any lawsuit seeking civil compensation within four years of the accident, as per NE Rev. Stat. §25-207. In cases alleging negligence or breach of duty by a doctor or medical professional, NE Rev. Stat. §44-2828 states the suit must be filed within two years. It should be noted that in the event the incident that allegedly caused a traumatic brain injury took place when the plaintiff was under 21 years of age, the proverbial clock starts when the person turns 21, as per NE Rev. Stat. §25-213. Plaintiffs are recommended to consult an Inkelaar Law attorney in Fremont immediately after suffering from a traumatic brain injury.
Talk to a Fremont Traumatic Brain Injury Attorney
Anyone suffering from a traumatic brain injury knows that this kind of injury can take a toll on their life physically, emotionally, and financially, as well as the lives of their family members and loved ones. With the help of our experienced attorneys from Inkelaar Law, the process of fighting for compensation could be much easier since you have a dedicated and knowledgeable legal professional fighting on your behalf.
Contact a Fremont traumatic brain injury lawyer as soon as possible to get the help you need to fight for the compensation you deserve. Call today to schedule an initial consultation and find out what our seasoned legal team could do for you.