Home General How to Recover Damages in a Brain Stem Injury Case

How to Recover Damages in a Brain Stem Injury Case

Published: Last updated:
Reading Time: 3 minutes

A brain stem injury can have a profound and long-lasting impact on the victim and their family. 

If you or a loved one has suffered a brain stem injury, you may be wondering what your legal options are and how you can recover brain stem injury compensation. 

Here are some steps to take if you find yourself in this situation.

Get medical attention right away

This should be your top priority after suffering any kind of head injury. Go to the emergency room or see your doctor as soon as possible so that you can get a proper diagnosis and start receiving treatment. 

This will also create a paper trail that will be helpful later on if you decide to file a personal injury claim.

Gather evidence

Once you have started receiving treatment, it will be time to start gathering evidence. 

This can include things like medical records, police reports, witness statements, and photos or videos of the accident scene. The more evidence you have, the stronger your case will be.

Speak to an experienced attorney

It’s important to have legal representation when pursuing any kind of personal injury claim, but it’s especially important in cases involving brain injuries. 

These cases can be complex, and an experienced attorney will know how to navigate the process and maximise your chances of recovering damages. 

Calculate your damages

In order to file a personal injury claim, you will need to calculate your damages. This includes things like medical expenses (both past and future), lost income, property damage, and pain and suffering. 

Make sure to keep detailed records of all your damages so that you can present them accurately to the insurance company or jury later on.

Send a demand letter

Once you have gathered all the evidence and calculated your damages, it will be time to send a demand letter to the responsible party’s insurance company. 

This is basically a formal notice that you are planning to file a personal injury claim and outlines the brain stem injury compensation you are seeking. 

Negotiate with the insurance company

In many cases, the insurance company will respond to your demand letter with an offer of settlement. 

It’s important to remember that this initial offer is almost always lowballed, so don’t accept it without first consulting with an attorney. 

If you do decide to negotiate with the insurance company, make sure not to sign anything or agree to any terms until you have spoken with an attorney first. 

File a personal injury lawsuit

If negotiations with the insurance company break down or they refuse to make a reasonable offer, your next step will be filing a personal injury lawsuit against the responsible party in court. 

This is usually only necessary if the other side is being unreasonable or if there is significant disagreement over who was at fault for the accident or the amount in damages that should be awarded. 

Go through discovery

Once your lawsuit has been filed, both sides will have an opportunity to gather information from each other through things like depositions, requests for documents, and interrogatories. 

This is usually where most personal injury cases are decided because it gives both sides a chance to fully assess their strengths and weaknesses before going to trial. 

Attend mediation

In many cases, once discovery is complete, both sides will agree to attend mediation in an effort to settle the case without going through a full trial. 

Mediation is basically just a meeting where both sides present their best offers and try to come to an agreement. If mediation is successful, then the case will be settled out of court. 

Go through trial

If mediation fails, then the case will go through the trial. This usually happens when both sides cannot come together on an agreement or when there is significant disagreement over who was at fault for the accident. 


Suffering a brain stem injury can turn your life upside down overnight, and if someone else is responsible for causing that injury, then they should be held accountable. 

If you find yourself in this situation, don’t hesitate to reach out to an experienced personal injury attorney from this website who can help you understand your legal options and take steps toward recovering damages.

Alicia Saxon did her degree in psychology at the University of Hertfordshire. She is interested in mental health, wellness, and lifestyle.

© Copyright 2014–2034 Psychreg Ltd