Every 15 seconds, someone in the U.S. suffers a traumatic brain injury (TBI). Annually, about 500,000 people suffer lifelong disabilities, and 100,000 people die because of this type of brain injury. In addition, about 5.3 million live with TBI-related disabilities. The estimated annual expenditure to treat such conditions is $30 billion.
Have you or a loved one suffered a serious or mild traumatic brain injury that was caused by someone else’s negligent actions? During this stressful and emotional time, you may not think about long-term repercussions, as most do not consider how the injury will affect them long-term. However, severe head injuries have devastating consequences. This warrants legal actions against the liable party. With the help of a traumatic brain injury lawyer, you will be equipped to navigate the legal hurdles and recover the compensation you deserve. Here are 6 signs that you should hire a lawyer.
What Are Traumatic Brain Injuries?
Traumatic brain injuries result from a forceful jolt, blow, or bump to the head. Forces to the body can cause rapid head movement causing the brain to move in the skull. These injuries may lead to a closed head injury.
If an object penetrates the skull and enters the brain, this causes an open head injury. These injuries may alter brain function and can cause cognitive and physical problems.
Some individuals experience memory loss, trouble concentrating, and difficulty sleeping. They may also have problems with their balance, movement, and/or vision. Physical responses may be short- or long-term and mild to severe. In severe traumatic brain injury cases, it results in death.
This level of brain injury can result from any major accident. However, they are very common in car accidents and other motor vehicle accidents.
Do You Need a Traumatic Brain Injury Lawyer?
Many individuals are unsure if their case merits legal action, like a personal injury claim or personal injury lawsuit. The following describes how a traumatic brain injury lawyer can help reduce some of the negative repercussions.
1. Are You Facing Financial Strain Related to a Brain Injury?
In addition to the physical consequences of traumatic brain injuries, there are also financial impacts. This includes the cost of paying for care and medical treatment. Some examples of TBI-related expenses include:
- Adaptive equipment such as a cane, crutches, walker, wheelchair, or other devices
- Handicap-accessible home modifications
- Healthcare provider bills
- Home health and supportive living care
- Hospital bills
- Occupational, physical, and/or speech therapy
- Prescription medications
- Rehabilitation and/or nursing home
2. Do You Have Non-Direct Financial Losses?
Non-direct costs may include current and future lost wages, as a brain injury may affect your ability to perform your job. This may be temporary or permanent and puts you and your family in financial jeopardy.
Cognitive and physical limits may prevent participation in social activities or hobbies. This can lead to a loss of joy in daily living. Many brain injury victims also experience long-term pain and suffering – both physically and psychologically.
3. Can You Estimate the Dollar Value of Intangible Losses?
After suffering a traumatic brain injury, you were likely treated by a doctor or accumulated vehicle repair costs. Such out-of-pocket expenses are reimbursable, which may already appear apparent. However, there are other intangibles that can also be compensated, which you may not have considered.
An experienced traumatic brain injury attorney understands how to generate a brain injury case’s value. Compensation can be recovered for the following economic and non-economic damages.
- All current medical bills from traumatic brain injury treatment
- The potential cost of future medical care to continue recovery
- Cost of ongoing rehabilitation services
- Lost wages from missing work while injured
- Loss of future earnings if disabilities prevent the return to work
- Pain and suffering that has impacted wellbeing
- Psychological torment in the form of post-traumatic stress disorder (PTSD)
The attorney considers the unique aspects of your case and your condition. They also include evidence related to the circumstances surrounding your injury. Using this information, they generate an estimate of damages.
4. Do You Have a “Loss of Consortium”?
The term “loss of consortium” is a legal phrase used to describe the impact the accident has on a family. For example, mild traumatic brain injuries can lead to a spouse being deprived of sexual relations and/or affection. Or, if a victim dies from a brain injury, the family will suffer emotional loss and financial strains. Therefore, a wrongful death suit can be filed.
A traumatic brain injury attorney will explain these legal terms and the actions to take in order to hold the liable party accountable. Your attorney will guide you during the process and prepare you for litigation and/or a trial in front of a judge and jury (should it be necessary).
5. Do You Feel Confident That You Can Prove Liability?
Without the right legal knowledge and expertise in personal injury law, it’s difficult to prove that a person or entity caused damage. In addition, proving why you are entitled to compensation will be challenging. However, traumatic brain injury lawyers will address the four elements of proving that the accused party was, in fact, negligent and why. Liability is proven based on the following factors:
- First, it’s presented that the defendant owed a “duty of care” to the victim. For example, all motorists owe a duty of care to drive responsibly and not endanger others.
- Next, the plaintiff’s lawyer submits evidence to show that there was a “breach of duty,” essentially presenting how the defendant behaved recklessly.
- Then, a cause-and-effect correlation between the defendant’s negligence and ensuing damages is explained.
- By indicating how the defendant caused harm, a TBI lawyer will list all of the areas of damages that should be compensated.
6. Is the Insurance Company Pushing You to Accept a Settlement?
When injuries are caused by another party and after the accident has been reported, the other party’s insurance adjuster will contact the victims. They will insist upon a quick and easy settlement. This sounds great at a glance. However, a quick payout often benefits the insurance company and short-changes the victim.
Ultimately, insurers are focused on their bottom line, not your well being. A brain injury attorney represents your best interests and will negotiate with the insurance company. If a fair compromise isn’t reached, the personal injury case will go to court. Your attorney will serve as your advocate through the trial process. The goal is to reach a fair settlement.
Benefits of Hiring a Brain Injury Lawyer
It’s key to connect with a traumatic brain injury lawyer soon after you or your love one’s accident. Often insurance companies push for quick settlements when you’re healing, overwhelmed, or grieving. Although a quick solution, after a settlement is accepted, you will not have an opportunity to pursue further damages.
A traumatic brain injury attorney will inform you of your rights and guide you through the legal process. Additionally, they often have connections to expert brain injury physicians. To ensure that you get the correct diagnosis and treatment, they’ll help you schedule visits with these doctors.
If you or a loved one suffered a traumatic brain injury, consult with our traumatic brain injury lawyer. With our 99% success rate, The Law Offices of Daniel Kim can file your traumatic brain injury claim and build a winning case.
We handle motor vehicle, bicycle, pedestrian, truck, Uber, and Lyft accidents. Request a free consultation today to discuss your case.CALL NOW