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Traumatic brain injury lawsuit attorney


A traumatic brain injury is a non-degenerative non-congenital injury to the brain that is caused by external force. After suffering a traumatic brain injury, a person will be going through a lot more than just trying to recover. With an injury to a body part as essential as the brain, life after the accident can be just as stressful without the help you deserve.

You may be having to take time off of work or school, you may not be able to participate in all the activities you once did, and it may become difficult to pay off the medical bills that will accumulate from this brain injury. If you or a loved one has suffered a much more severe brain injury, the survivor may face lifelong challenges like loss of their personal independence as well as having to re learn physical and mental skills.

If this traumatic brain injury was caused by the negligence of another person or a company, you may be entitled to compensation for your injuries and the all the expenses that follow. A brain injury attorney can help you in pursuing rightful compensation while making sure it is done accurately, ensuring the best possible outcome of compensation.

In the United States alone, there is about 2.5 million cases of brain injuries in each year. This brain injury can cause physical, emotional and phycological damages to the person injured. Brain injury symptoms may be short term, or permanent. There are around 300,000 brain injury related hospitalizations in the US each year. As well as these hospitalizations, 50,000 deaths will occur due to brain injury. The number of long-term disabilities from TBI effect 90,000 people annually in the United States.

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Head impact accidents that cause traumatic brain injury

Some of the most common causes of a traumatic brain injury include slips and falls, auto accidents, violent crimes, accidents from construction zones, and motorcycle or bike accidents. After this injury it may be hard for you to properly communicate, you may now have an inability to go to work, you may require additional time and care from your family, routine tasks may also become difficult to complete and medical bills may start to grow. It is also possible to have a brain injury and not even realize it if it is a closed head injury. If you or a loved one have had an accident involving the head, the following are common types of traumatic brain injury symptoms:

  • Feeling disoriented, confused, or dazed
  • Recurring headaches
  • Loss of consciousness for any period of time
  • Feeling drowsy
  • Dilated pupils
  • Lack of bowel and bladder control
  • Depression
  • Personality changes
  • Seizures
  • Clear fluid coming from the ears and nose
  • Easily agitated or annoyed
  • Sexual dysfunction

If you or a loved one’s brain injury was caused by someone or a company’s negligence, get the money you deserve and do not let them make you pay for their actions. With unemployment and medical bills combined it can become easy for things to get out of control quickly. Give yourself some peace of mind and speak to a brain injury attorney at our law firm about filing for rightful compensation in your state. It is important to note that injury laws are going to depend on the state that you live, a brain injury attorney will be well informed of options you have within your state. Ensure that you are asking your attorney any questions that you may have regarding the process during a free consultation.

Common types of brain injuries that can cause TBI

Brain injury attorneys have handled many similar cases with all different types of traumatic brain injuries, they have become experienced in a good amount of medical terminology and what can be used to outline the seriousness of you or your loved one’s injury. If you or a loved one has suffered any of the following injuries due to another person’s negligence you may be entitled to compensation for your injuries.

  • Open head injury - An open head injury involves fractures in the skull.
  • Hemorrhage - A hemorrhage is uncontrolled bleeding from the brain.
  • Hematoma - Hematoma is when there are one or more blood clots outside the blood vessels.
  • Closed head injury - A closed head injury is an injury to the brain that does not involve the breaking of the skull.
  • Concussion - A concussion is a mild traumatic brain injury that is from an impact that caused the brain and skull to collide.
  • Anoxic brain injury - Anoxic brain injury is when the brain is not receiving oxygen for a too long of a time
  • Hypoxic brain injury - A hypoxic brain injury is when the brain is not receiving enough oxygen.
  • Diffuse Axonal Injury - Diffuse axonal injury involves damage to the brain cells without causing any type of bleeding.

What a brain injury lawyer can do for your case

Injuries involving the brain are something that may entirely change your life. Receiving compensation for these injuries is not as easy as it may seem. A large amount of the damage that happens due to the brain injury occurs only an almost microscopic level and may not show up on imaging scans. Because of the complexity and seriousness of even a minor brain injury, the entire case needs to be handled professionally and accurately as said before, this a life changing injury and needs to be handled as such in legal terms. The reason this brain injury attorney needs to be experienced in both brain injuries and their legal practice is that they will be arguing with insurance companies who may say that the symptoms are not real or if they are, that they’re not related to the brain injury.

The brain injury attorney must accurately discuss all of the evidence and claims so that you may all reach an agreement. An attorney will keep the insurance companies from taking advantage of you and giving you less than you deserve for something as serious as your brain injury. Brain injury lawyers are looking out for your rights and guiding you and your family in the best possible direction for your case.

Another reason to obtain a brain injury attorney is the difficulty of translating your injuries into an actual monetary value you deserve for these damages. Your attorney will include your loss of income or earning potential, your medical treatments, pain and suffering, therapy, and other rehabilitation centers in the lawsuit. Using all of these factors with the knowledge and experience that they have; brain injury attorneys are able to accurately create the value of your claim. These attorneys may also reference people in other fields like, therapists, doctors and nurses when coming to this value as every brain injury case is unique.

A TBI lawyer can also pinpoint the negligence of the other party. It becomes necessary of the lawyer in these cases to determine if a safety violation or a person’s lack of care and responsibility was the reason this brain injury took place. You are far more likely to receive compensation when negligence is found and proven by your attorney.

Brain Injury Frequently Asked Legal Questions (FAQ)
How can I find brain injury resources in my state?
Finding the right brain injury resources within your area can be difficult and you may not even know for certain what you are looking for. The following list may be able to assist you in locating the resources of your state. First, take some time to identify what exactly you need and keep note of it. When you are speaking with an agency you be able to best explain your needs so they may direct you to the correct place. Your state’s local brain injury association may also be a valuable source of information regarding brain injury recourses. Take some time to look around any local rehabilitation centers and see if they provide a service that can help out. You may also contact the National Brain Injury Information Center at 1-800-444-6443. If you have had a brain injury attorney working on your case with you, they may also be a great resource of information regarding your injury.
If I file a traumatic brain injury lawsuit, will I have to appear in court?
Most of the time, cases involving traumatic brain injury are settled before they can ever make it to court. However, there may be a chance that it will become necessary to attend court in order to receive your proper compensation. If you have obtained a lawyer with a substantial amount of experience with trial and hold a record of success in his/her cases it is mostly likely that the insurance company will wish to reach a settlement before the trial takes place making the entire process way quicker.
What is the statute of limitations for filing a brain injury lawsuit?
The statute of limitations, like many laws are going to depend on the state that you are in. The average statute of limitations for filing a brain injury lawsuit is about two years. This time frame may also vary depending on specific circumstances of your case, it may become either longer or shorter. There are many factors that may go into deciding the appropriate limit of time you are given to file the brain injury lawsuit Your brain injury attorney will tell you if your case is not within the statute of limitations upon consultation. If these lawsuit is not filed in the time that has been allowed by the law, your right to recover any damages from for your injuries will be lost and you will no longer be able to file this lawsuit. This is why it can be so important to have an attorney present in your case so that they may properly file all documents on time so you are never running the risk of missing a deadline and missing out on the opportunity for the compensation you need for your injuries.
What are some things I should look for when finding a brain injury attorney?
It can quickly become clear upon researching brain injury lawsuits that you need an attorney who has the right skills and knowledge to help you receive the maximum amount of compensation. Here are some qualities to look for when hiring your brain injury attorney:

  • Diligence and dedication to the case: It may be wise to choose an attorney who strictly represents personal injury cases. Ensure that this attorney can offer the individual attention you need throughout your case as well. This can help you make sure that you have hired an attorney who has the proper experience and knowledge going into this case and your case is being properly and accurately presented.
  • The required recourses in order to file your claim: to ensure your injury is being properly presented in the case, it may become necessary to involve outside recourses such as therapists, doctors and nurses that can create a more persuasive visual of the injury. This however can be costly and time consuming to do.
  • Reputation of results: Seek out an attorney who has a reputation of receiving the maximum compensation for his/her clients. Any brain injury attorney who has a healthy history of securing compensation for clients is the ideal person to be handling your case.
What are my rights if I have suffered a brain injury?
You have the right to be fairly compensated for your injuries that were caused by the negligence of another person or company. These types of injuries have the ability to result in lifelong consequences for both the victim and their families. Brain injuries can change the victim’s entire lifestyle, so it is essential they are being properly compensated for those life changing injuries.
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