If your spouse has suffered a traumatic brain injury, you have learned firsthand that this type of injury can cause significant personality changes. The two of you may plan to stay married, but the situation could be difficult if your spouse is quite a bit different than the person you knew before the accident. If you have not yet accepted a financial settlement, consult a personal injury lawyer to learn how much compensation you may actually deserve.
Why a Settlement Offer May Not Be Reasonable
An insurance company's original settlement offer typically addresses tangible factors. These include medical expenses, costs for ongoing therapy and payment for lost wages. If a certain level of permanent disability has been verified by doctors, the settlement should include compensation for that as well.
However, settlement offers commonly do not include compensation for intangible aspects. Because of your spouse's personality changes, he or she may have problems:
He or she may not even truly understand that there have been substantial personality changes due to the brain injury.
You and your spouse deserve financial compensation if you are dealing with any of these problems. In addition, if you are interested in ongoing marriage counseling, the settlement should provide money for that as well. You may feel that the two of you are at a greater risk for a divorce since the incident. Even if you are determined not to divorce, that doesn't mean your marriage will be a happy one without professional help.
How a Personal Injury Attorney Proceeds
After the lawyer evaluates your case and you decide to work together, the law firm conducts an investigation of the various factors involved and decides on a reasonable settlement to demand from the insurance company.
The attorney represents you and your spouse, and your children, if the two of you have any. All of you have suffered negative consequences because of the accident. In addition to family issues, your spouse may have lost friends and colleagues because they no longer share similar interests.
What Can You Do Now?
Contact an attorney for a free consultation. Before your appointment, make detailed notes about your spouse's personality changes and how that affects everyone concerned. Personal injury lawyers generally are paid a percentage of the settlement they obtain for their clients, meaning you won't have upfront legal fees adding to your current financial burdens.
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