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What happens during a traumatic brain injury lawsuit involving a child?
Every case is different, but in general, your lawyer will initially contact the insurer of the person who injured your child and demand money for the child’s injuries. The insurer rarely agrees to this demand, and a lawsuit is filed. Since a child can not file a lawsuit on her own behalf, the suit is filed by a “guardian ad litem” (an adult who stands in for the benefit of the child.) The guardian ad litem is usually a parent.
During the first stage of the lawsuit, which is called “discovery,” the opposing parties collect information about each other. The kind of information that is collected includes the child’s and possibly a parent’s medical records and financial records. Your lawyer may hire various medical experts (mostly doctors) who may or may not examine your child. Written questions and answers called interrogatories are exchanged. Parents, witnesses, the person who caused the injury and others are questioned in person by the other side during “depositions.” Depositions are semi-formal question and answer sessions where the person being questioned takes an oath to tell the truth and a court reporter records everything that is said. Attorneys for both sides are present.
The injured child will most likely be required to undergo an Independent Medical Examination (IME) by a doctor chosen by the opposing side. In many traumatic brain injury lawsuits, a video is shot of the child to show the effects of the injury. This is called “a day in the life” video. Settlement usually occurs during this stage of the lawsuit. If it does not, the parties prepare to go to trial.
If you or someone you know has suffered a traumatic brain injury as the result of an accident, seek the advice of an attorney right away to ensure any rights to recovery are preserved. To find experienced personal injury attorneys in your locale, try AttorneyPages.com. |
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