Brain injury cases are often complex primarily because the science behind them is misunderstood. And, of auto accident cases, they're the kind of cases most likely to be tried in court. That's because to prove a brain injury; you need doctors to explain these injuries. Because of this, insurance companies will take advantage of the cost of litigation.
You can expect that if you're litigating a brain injury case, you will likely incur cost in the tens of thousands in doctor's fees. Therefore to justify from a financial side pursuing a brain injury case, we recommend that there be substantial amount of auto insurance to cover your claim. It's a simple risk-benefit analysis.
This may sound like a very sharp analysis, particularly if you or a family member has suffered a brain injury due to another driver's negligence. However, at BenGlassLaw, our job is to help you understand that pursuing a personal injury claim is in a lot of ways a financial investment. The last thing we'd want to do is encourage you to incur the costs of litigation without the potential compensation if indeed you succeed at court.
Now your response may be that you'd like to go after the negligent person individually that hit you and that caused your brain injury. While this is absolutely an option for you, at least here at BenGlassLaw, we typically do not pursue people individually. The reason being is that typically if individuals have a lot of assets, they will typically have a lot of insurance. And by the same token, if they don't have a lot of insurance, that often means they don't have a lot of personal assets to pursue. Therefore, we find that it's ultimately not very productive to personally pursue individuals, and clients are typically not happy with the results. Of course, this is an assumption, and we may be wrong. However, unless you have specific knowledge that a person has substantial assets to pursue individually, we've just found it to be unproductive in our practice.
If you would like to see trial transcripts from our brain injury case against State Farm, go to BrainInjuryTrialTranscript.com