Preparing Stroke Cases for TrialLast updated on: May 12, 2021
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Every 40 seconds, someone in the United States has a stroke. This means that every year, more than 795,000 people suffer from a stroke injury. A stroke can change your life in an instant and require extensive physical therapy and rehabilitation just to be able to do simple tasks again; it almost goes without saying that the intensive recovery after a stroke can be physically, emotionally, mentally, and financially taxing.
If you believe someone is responsible for your stroke, your attorneys may need to prepare to go to trial. At Zinda Law Group, we have experience representing stroke victims in the courtroom and helping them seek the compensation they deserve. Call us today at (800)-863-5312 for a free attorney consultation with brain injury lawyer who knows how to prepare a stroke case for trial.
what is a stroke?
A stroke occurs when the blood supply to part of your brain is interrupted or reduced, which prevents brain tissue from getting oxygen and nutrients. This means your brain cells will begin to die within minutes, which can cause serious and long-lasting complications.
A stroke can be caused by a number of factors, some of which cannot be avoided or prevented at all. Other times, strokes can be caused by another party, who may be liable for your injuries. For example, if you were in a car accident or suffered from a medical error, or another party caused you to suffer a traumatic brain injury, you may be a victim through no fault of your own of one of the kinds of situations that can cause someone to have a stroke.
What to Do After a stroke
Although each personal injury is unique, there are steps that you should take to ensure that you receive the medical care you need as well as preserve the evidence that strengthens your claim. When an attorney is preparing a stroke case for trial, some of the most important evidence may depend on the actions you take after suffering from a stroke. These steps include:
1. Seek Medical Attention
In personal injury cases with serious injuries, you may receive medical treatment at the scene of a car accident, your workplace, or the location where you were injured. Depending on the type of accident, you may have a stroke at the scene of the accident or you may suffer from one later on as a result of the accident. If you do not receive treatment at the scene of the accident but later experience the symptoms of a stroke, you should call 911 and seek immediate medical attention.
2. Report the Accident
After an accident that leads to a stroke, you should report it to the appropriate authority, if possible. For example, in a car accident, you should call the police and file a report. If you suffer from a workplace injury, you should notify your supervisor. A documented report of the accident will contain important information about what occurred, helping to strengthen your claim.
3. Document Your Damage
You may have been too injured to take photos of the damage at the scene of an accident. As soon as possible, be sure to take some. Take photos of any injuries you sustained in the accident, as well as of your healing and rehabilitation process. For example, if you are unable to speak and need to re-learn how to talk, a video that shows your progress can help demonstrate the extent to which the stroke impacted your life.
4. Keep Track of Your Expenses
It’s important that you keep track of all receipts and paperwork related to your stroke. In order to seek the compensation you may deserve, it will be important to demonstrate how the injury financially impacted you. This could include:
- Hospital and doctor bills
- Physical therapy
- Prescription medication
- Occupational therapy
- Speech therapy
- Walkers, wheelchairs, and other aids that are needed
- Documented time taken off from work due to your stroke
- Receipts for the repair or replacement of damaged property
5. Speak with an Attorney
Our personal injury lawyers are here to help walk you through every step of the process. This may include ensuring you receive proper medical treatment, investigating the accident, interviewing witnesses, collecting accident reports, and negotiating with the insurance company. We are experienced with preparing stroke cases for trial, so we can help if filing a lawsuit and going to trial becomes necessary.
At Zinda Law, we can help you determine the damages you are entitled to and may help you pursue them. The amount of compensation you are eligible for will depend on how serious your injuries are, the amount of your medical bills and lost wages, and the extent to which you are forced to endure pain and suffering, among other things.
Preparing a stroke case for trial
The above steps will help an attorney when preparing for trial because one of the biggest items that a lawyer will review and focus on are the facts leading up to the stroke. When preparing a case for trial, a skilled lawyer will:
When going to trial, a lawyer will need to collect as much evidence in a stroke case as possible. This will include looking at the police report or at a client’s hospital expenses; it will also involve digging through a victim’s medical history, a defendant’s driving record, or a company’s workplace safety policies and practices. Even if it seems like the evidence isn’t in a client’s favor, it is still the lawyer’s job to discover it and understand how it fits into the big picture of the personal injury case.
A lawyer will usually interview witnesses who saw the crash, responded to the scene of an accident, rendered first aid, preformed emergency surgery, or otherwise treated the victim. Before going to trial, a lawyer wants to have as complete of a picture as possible as to what happened.
Speak with Expert Witnesses
In many stroke cases, medical experts will need to be consulted. An attorney will often ask specialists the routine course of treatment for stroke patients, the chances of a patient’s outcome for a full recovery, and what the expert believes caused the stroke.
Once an attorney has a list of witnesses and expert witnesses who may participate in the trial, their depositions will be taken. This is done under oath and may later be used during the trial to show that a witness’s statement is inconsistent from what they had previously said.
Negotiate with the Insurance Company
Throughout the time leading up to the trial, both parties may continue to negotiate. While every case is unique, this negotiation will usually involve the defendant’s insurance company offering an amount they would be willing to pay the stroke victim as compensation. If the parties come to an agreement to settle at any point, then the case will not go to trial.
Evaluate Your Damages
Both your attorney and the defendant’s insurance company will evaluate what they think a victim’s damages should be as a result of the accident and stroke. In most cases, this calculation will be done by actuaries and experts who will take into account the victim’s expenses, ongoing medical treatment, and loss of income. This evaluation can be used to further negotiate, or it may be highlighted during the trial.
File Your Claim
Each state has a deadline, or statute of limitations, which dictates how much time you have to file a case. Your personal injury attorney will know the deadlines in your state and will timely file your claim so that it can proceed to trial.
Prepare Individuals to Take the Stand
Prior to the trial, your attorney will coach you on how to answer questions so that they are truthful and put your version of events in the most favorable light. Witnesses who support a victim’s version of what occurred may also receive training and practice questions so that they are less nervous when they take the stand.
Do I Need to Wait to File a Claim If I am Still Receiving Medical Treatment?
If you’re still receiving treatment related to your stroke, you do not need to wait to file a claim because the statute of limitations begins to run as soon as you are injured. Especially in cases that are serious and require months or years of ongoing medical treatment, the time to file your claim may expire before you are finished receiving medical care. It is best to speak with a personal injury attorney as soon as possible to help you timely file your claim.
Can My Case Settle Once a Trial Starts?
Yes, it is not uncommon for a case to settle right before a trial begins or even during the trial. In some instances, once the other party sees the evidence against them, they may believe it will be better to come to an agreement with the victim than to continue the trial and risk paying even more money.
What Compensation Can I Recover?
After a stroke, you may be able to recover money to pay hospital bills and medical invoices, payment for time taken off work because of your injuries, and compensation for past and future rehabilitation costs as well as for pain and suffering, among other expenses. The circumstances of each case are unique, and a skilled brain injury lawyer, once they have been retained, will help you seek the compensation you deserve.
Contact a stroke Attorney
At Zinda Law Group, our injury lawyers have helped many victims get the compensation they deserved after suffering from a stroke. We have a team skilled in investigating your accident, collecting evidence, negotiating with insurance companies, and preparing a stroke case for trial. Let our attorneys focus on going to trial while you focus on recovering.
We believe a stroke victim should never have to worry about being able to afford excellent legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case. That’s our No Win, No Fee Guarantee.
If you suffered from a stroke, call Zinda Law Group at (800)-863-5312 to receive your free consultation with one of our experienced personal injury attorneys.
Meetings with attorneys are available by appointment only.