A Traumatic brain injury (otherwise referred to as a TBI) is an injury that is generally caused by a sudden, violent, jolt or blow to the head. If you hit your head on something as the result of someone else’s negligence, you may want to consult an attorney who is very cognizant of these important injuries. Head injury claims need to be evaluated by an attorney so as to ensure several things are occurring.
You need an attorney who is experienced in brain injury cases to:
Ensure -first and foremost- that you are not being denied medical care from your doctors.
Doctors are very busy. Emergency room physicians have certain protocols for head injuries. Victims of head injuries many times get a quick CT scan, that comes back negative, and assume everything with their brain is fine. The ER staff is likely going to release you if you do not have a life-threatening condition - - this does not necessarily mean that your brain has not been injured. There are several types of brain injuries such as concussion, bleeding, bruising, and other effects including depression, post concussive syndrome and eve post-traumatic stress (PTSD) that doctors may attribute to the circumstance that caused the hospital visit. A traumatic brain injury can be classified as either a mild traumatic brain injury or a severe traumatic brain injury. Although a “mild” brain injury may allow the victim to go home, it can be very devastating to victim and their family.
Only certain doctors can properly diagnose a TBI. Some doctors, who do not practice in the desired area, such as those without the expertise of, say, a neurosurgeon or a neuropsychiatrist, may not recognize the symptoms of the TBI. The resulting effects sometimes become the victim’s issues being dismissed as irrelevant or not serious. Our legal team will not dismiss you, but will encourage you to get the proper medical care. It is important that any brain injury be diagnosed so that it can properly be treated.
Sometimes a TBI Victim is incapable of making important decision with their case. We can help.
In any legal case, it is important that the brain injury victim have “legal capacity” to make decisions. In these instances, our legal team can help evaluate whether the victim has legal capacity to serve as the person making all the decisions in the case. It becomes necessary in these cases, sometimes to have a probate court appoint a guardian or a conservator to make these important decisions for the injured victim. Having a trusted loved one or a professional assist with these decisions can take enormous pressure off a brain injury victim.
We fight insurance companies who don’t treat brain injuries with the seriousness that they deserve.
Many brain injuries can be classified as psychological. Conditions resulting from trauma to the brain, such as pseudoseizures, are usually fought by insurance companies. They may times argue that the victim is malingering or that by the psychological make-up of the injury, that the victim is simply over-reacting. Our legal team fights this excuse and ensure that every brain injury client is treated with respect and initially given the benefit of the doubt.
Brain injury clients should not be treated with suspicion and should receive the benefit of the doubt. They all need the compassion that an insurance representative will likely not provide.