In the United States, around 1.7 million people sustain traumatic brain injury (TBI) annually. Falls, motor accidents, and assaults are some of the leading causes of this injury.
Traumatic brain injury often results in hospitalization, long-term disabilities, and even death. While not all TBI cases are serious, mild TBI can still have life-altering effects on the victim as the injury affects brain cells. According to health experts, TBI can cause intellectual and communication problems, behavioral and emotional changes, and degenerative brain diseases.
When coping with a brain injury, not only will you have to deal with lost wages, but the expenses for the treatments and prescriptions also add up to your concerns. While your insurance may be able to cover some of the costs of your recovery, this may not be enough to help you with all of your needs in the long run.
This post will discuss the instances where you may pursue a brain injury claim after an accident.
When to Hire a Lawyer After a Traumatic Brain Injury
In pursuing a TBI case, you need an experienced traumatic brain injury lawyer to ensure you receive the compensation you deserve for your losses. These are the instances when you may seek an Irvine injury attorney to work your case:
1. You’re experiencing brain injury symptoms
If you’re experiencing headaches, confusion, dizziness, disorientation, blurry vision, and nausea after an accident, you may have sustained a traumatic brain injury. There are times when you think you may not have hurt your head during the accident but are experiencing potentially-related symptoms like remote pain, memory problems, ringing in the ears, and depression.
These are just some common brain injury symptoms. The Mayo Clinic has a more extensive list.
If you feel any signs of brain injury, you must immediately seek medical treatment and get a diagnosis. It’s best to check for any potential head injuries early on so that you can prevent complications in the long run. Once it’s confirmed that you sustained a brain injury, your attorney can review your case and see if you can pursue compensation.
2. The injuries are more severe than you anticipated
Brain injuries can cause life-altering effects. Even if the case is moderate, it may not be easy to return to normal. The mild symptoms can be a form of microtrauma, signs that don’t show up on tests but have a long-term impact on brain function. Some examples of microtrauma include slurred speech, balance issues, and light and sound sensitivity.
Since these symptoms don’t usually appear in doctors’ tests, insurance companies may underestimate the coverage costs. When you have a skilled traumatic brain injury attorney by your side, they’ll be able to advocate for you and show how much the injury has affected your life.
3. The insurance company denied your claim
When dealing with accident claims, the goal of insurance companies is to settle for as little compensation as possible. Insurance companies only require claims where required by law. Their true business is to collect premiums and invest and grow those premiums in the market.
Claims eat into the bottom line. Therefore, insurance adjusters commonly start out by offering an incredibly low settlement at first, hoping you’ll take it, grow discouraged and abandon the claim, or ultimately accept a higher offer, but one that is less than the amount you are reasonably entitled to. A lawyer can help you get fair compensation by negotiating with your insurance provider and filing a lawsuit where the offer is unfair even after an amicable negotiation.
4. You need help proving liability
Proving liability in brain injury cases can be a challenge, especially when the cause is a motor vehicle accident, slip and fall accident, or any other injury-related issue. Proving liability is even more difficult when multiple parties are involved. With legal assistance, you’ll be able to gather the most relevant evidence to prove the negligent party’s liability.
5. You need to calculate the extent of loss you suffered
TBI injuries are hard to quantify in money terms since unlike a broken bone or a bloody cut, whose effects on our day-to-day life are quite obvious, most of the symptoms of a brain injury are subjective (like foggy thinking, an inability to focus, or having a short temper where one used to be calm and imperturbable). Truthfully, you can’t place a price on pain and suffering, but the defense will try, and that’s where a brain injury attorney comes in.
Our experienced lawyers can help you estimate the potential compensation for these kinds of losses, which can be extremely substantial. They can also help calculate damages based on the amount of income you lost, any medical care you need, and rehabilitation services.
6. You need access to medical experts
The right medical team is crucial in building your TBI case. Not only are they the experts you need to treat your condition, but they can also serve as witnesses.
A personal injury lawyer who has worked extensively on TBI cases has a deep understanding of the best types of experts to help you get better fast, with an eye towards doctors who also are prepared to testify on your behalf if a lawsuit needs to be filed later on. In court, physicians can testify on how severe an injury is and how it will impact the victim’s life.
7. Your claim involves medical malpractice
If you’re planning to claim medical malpractice, you need to act as soon as possible. In California, there is a statute of limitations period of one year from the date you discovered the injury or within three years you sustained the injury. This means that you must engage a counsel within this specific period and pursue a case. Otherwise, you lose your right to file legal action regarding your claim.
How Can a Traumatic Brain Injury Attorney Help?
There are various ways a brain injury lawyer can help you with your TBI compensation claim. They can negotiate with your insurance provider and work with the police, brain injury specialists, and other medical experts in California to build your case.
In particular, a brain injury lawyer can:
- Collect key evidence to support your claim
- Secure copies of medical records and police reports
- File an insurance claim on your behalf
- Negotiate fair compensation
A traumatic brain injury lawyer can take your case to trial if necessary. After establishing your claim, they can serve as your legal representation in court and fight for what you deserve.
Secure Compensation for Your Traumatic Brain Injury
Traumatic brain injury cases have a statute of limitations period. The duration will depend on the specifics of your case. With this in mind, delays can only hurt your case so it’s best to seek legal counsel as soon as possible.
If you’re looking for a brain injury lawyer, RMD Law has a team of experienced attorneys ready for the tireless representation you deserve. Get in touch with us for a free case evaluation.