Traumatic brain injuries (TBIs) are serious injuries that can have a significant impact on victims and their families.
TBIs can result in long-term physical, cognitive, and emotional impairments, making it crucial for individuals with TBIs to seek legal representation. The role of a Charleston traumatic brain injury lawyer is to provide the necessary support and advocacy for TBI victims and to ensure they receive the compensation they deserve.
Traumatic brain injuries refer to injuries that affect the normal functioning of the brain. They can range in severity from mild to moderate to severe and include injuries ranging from a simple blow to the head to a penetrating injury to the brain.
For example, a minor car accident can result in a mild TBI, leading to a brief loss of consciousness, while a fall from a significant height or a serious car accident can cause a severe TBI that leads to coma and significant brain damage.
Traumatic brain injuries occur far more frequently than most people may imagine. In fact, the Centers for Disease Control (CDC) states that there were approximately 214,110 TBI-related hospitalizations and 69,473 TBI-related deaths between 2020 and 2021.
These represent more than 586 TBI-related hospitalizations and 190 TBI-related deaths per day.
The causes of TBIs vary, with falls being the leading cause for all age groups, followed by assaults and car accidents.
It’s important to note that symptoms of TBIs may not appear immediately. For instance, a person who sustains a head injury in a car accident may not experience symptoms until a few days later, such as headaches, dizziness, or difficulties concentrating.
It should be noted that the symptoms of traumatic brain injury in children can be markedly different from those found in adults.
Prompt recognition and diagnosis of TBIs are crucial to ensure appropriate medical treatment and assistance are provided, as well as to support any future legal claims. Certain groups, such as residents of rural areas, athletes, and first responders, are at a higher risk of suffering from TBIs due to specific occupational and lifestyle factors.
The symptoms of a TBI can vary depending on the severity but most often include headaches, dizziness, memory problems, and changes in mood or behavior. Seeking immediate medical attention from a Level 1 Trauma center is crucial in treating a TBI, and in some cases, surgery may be required. Recovery from a TBI involves a comprehensive rehabilitation process to relearn lost skills and regain independence. This usually includes physical therapy, occupational therapy, and speech therapy.
The National Library of Medicine states, “TBI may result in a decrease in short and long-term global health (physical and behavioral) and put them at an elevated risk for disability, pain, and handicap (i.e., difficulty with a return to work, maintaining peer networks.) Rehabilitation therapies like physical therapy, occupational therapy, speech-language therapy, and assistive devices and technologies may help to strengthen patients to perform their activities of daily living.”
It’s important to note that some TBIs can result in permanent disabilities and emotional distress for the victim, and the impact of a TBI on an individual’s life can be significant, affecting their ability to work, engage in daily activities, and maintain personal relationships.
A traumatic brain injury lawyer plays a vital role in providing legal support and advocacy for individuals who have suffered TBIs. They specialize in handling these complex cases and have the knowledge and experience to navigate the legal system effectively.
One of the key responsibilities of a traumatic brain injury lawyer is to collect and evaluate medical information to build a strong case.
This can include:
For example, in a brain injury case resulting from a fall, the lawyer would gather medical records that document the extent of the injury, consult with neurologists or other medical experts to assess the future impact on the individual’s cognitive and physical abilities and obtain testimonies from witnesses who observed the fall and can attest to any negligence on the part of the property owner or other responsible parties.
Additionally, a traumatic brain injury lawyer communicates with insurance companies on behalf of the injured person.
Proving negligence in a brain injury case is a critical aspect, and a skilled attorney can demonstrate the harm caused by a breach of the duty of care.
For example, in a car accident case resulting in a TBI, the lawyer would gather evidence such as police reports, witness testimonies, and expert opinions to establish that the other driver’s negligence directly led to the brain injury.
One of the most important reasons to consult with a Charleston personal injury attorney is their expertise in handling insurance claims and gathering evidence for a strong case. Insurance companies often have teams of lawyers working to minimize payouts, and they may attempt to settle for less than what the injured person truly deserves.
By having a personal injury attorney on your side, you (the victim) can level the playing field and ensure that your rights are being protected. Your TBI attorney will work to gather evidence such as medical records, accident reports, and witness testimonies to build a strong case that supports your claim for compensation.
“Some brain injuries are not perceived as brain injuries when, in fact, they are. For example, concussion is a form of brain injury. Because signs and symptoms of mild brain injury are similar to other problems, it often is misdiagnosed.”
~ West Virginia University Center for Excellence in Disabilities, TBI at a Glance
Brain injury cases are complex and require specialized knowledge to navigate effectively. That’s why, when choosing a personal injury attorney, it’s crucial to consider their experience and expertise in handling traumatic brain injury cases.
An experienced attorney understands the unique challenges associated with TBIs, such as the long-term consequences and the need for ongoing medical care. They can effectively present your claim to seek maximum compensation.
For example, an experienced TBI attorney would know how to calculate the damages to include medical expenses, lost wages, pain and suffering, and future medical costs when seeking compensation.
They also have expertise in negotiating and advocating for fair compensation on behalf of their clients.
A TBI attorney’s role is to guide the victim through the legal process, ensuring their rights are protected and their best interests are represented. They handle all aspects of the case, including communication with insurance companies, gathering medical records, and consulting with medical experts to establish the severity and long-term effects of the injury.
With their expertise, TBI attorneys can navigate the complexities of the legal system and fight for the maximum compensation the victim deserves.
The attorney-client relationship is crucial in brain injury cases and should be a clear priority of any qualified traumatic brain injury lawyer. The importance of open and effective communication and trust between the attorney and the client throughout the legal process cannot be overstated.
It’s possibly the single most important factor for ensuring the best outcome for the injury victim.
During the initial consultation, the attorney will gather information about the case, including the circumstances of the injury and the medical treatment received. This allows the attorney to understand the client’s needs, concerns, and goals.
The attorney will also explain the legal process and the potential outcomes, ensuring that the client is fully informed and able to make decisions about their case. Key things you should expect from a TBI attorney should include:
When seeking compensation for a TBI settlement, there can be many factors to consider in determining the level of financial support that will be needed for the victim’s recovery.
Compensation should, at minimum, include coverage for medical expenses, rehabilitation costs, long-term care expenses, and loss of income.
Additionally, pain and suffering experienced as a result of a traumatic brain injury should also be considered in the compensation. The goal is to provide the victim with the fair and necessary financial resources to support their recovery and maintain their quality of life.
Meeting with a traumatic brain injury lawyer is an important step if you or a loved one has suffered a TBI due to someone else’s negligence or wrongful actions. It’s important to consult with a personal injury attorney as soon as possible after a brain injury occurs to ensure that the injured individual receives the legal representation they deserve.
Here are some steps to help you prepare for your meeting:
Collect all relevant medical records, including hospitalization records, surgery reports, and any imaging scans (such as CT scans and MRIs) related to your TBI. Keep a record of your medical bills, including expenses for treatment, therapy, medications, and rehabilitation. Obtain copies of any accident reports, witness statements, or police reports if the TBI resulted from an accident, such as a car crash or slip and fall.
Prepare a chronological timeline of events leading up to the TBI, the incident itself, and your medical treatment afterward. Include details about the accident, such as date, time, location, and the parties involved.
Describe how the TBI has affected your life, including physical, emotional, and cognitive symptoms. Consider keeping a journal of your daily struggles, symptoms, and any limitations you face as a result of the TBI.
Make a list of questions and concerns you want to discuss with the lawyer during your meeting. This may include inquiries about the legal process, potential compensation, and their experience handling TBI cases.
Ask the lawyer to explain the legal process, potential timelines, and what you can expect from them in terms of representation.
Clarify the lawyer’s fee structure and whether they work on a contingency basis (where they only get paid if you win your case).
After the meeting, consider your options and whether you are comfortable working with the lawyer. If you decide to proceed, follow their guidance on the next steps.
Remember that choosing the right TBI lawyer is crucial, as they will be your advocate in seeking compensation and justice for your injury. Take your time to make an informed decision, and don’t hesitate to seek a second opinion if needed.
From collecting and evaluating medical information to effectively communicating with insurance companies, the traumatic brain injury lawyer plays a vital role in seeking justice and compensation for their clients.
Seeking compensation through a TBI settlement is crucial for covering the financial and emotional impacts of a traumatic brain injury. TBI victims in Charleston should consult with a specialized TBI attorney to explore their legal options and pursue fair compensation.
The traumatic brain injury attorneys at Forbes Law Offices are dedicated to helping TBI victims navigate the legal process so they can focus on recovery while we fight for their rights and their best interests.
Charleston traumatic brain injury lawyers can gather relevant evidence, assess the extent of injuries, and calculate the appropriate amount of compensation. And, if a fair settlement can’t be reached, TBI attorneys are ready, willing, and able to take the case to court to ensure that you receive the compensation you deserve.
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