When to Hire a Lawyer After a Traumatic Brain Injury
Every year, 1.5 million people in the United States suffer from traumatic brain injuries (TBI) and there are over 5.3 million people in the country that are living with TBIs.
These injuries often result in hospitalizations, death, and long-term disabilities. If you have been the victim of a brain injury that is the result of a car accident, you may want to consult with an attorney.
Read on to learn more about when and why you should hire an accident lawyer to
handle your case.
The Injuries Are More Severe Than You Anticipated
Even a “mild” traumatic brain injury may have life-altering impacts on victims. When doctors assess the extent of the injury, they look for things like loss of consciousness, ability to respond to sounds, memory recall (both short-term and long-term), ability to process new information, brain bleeding, and swelling.
But even if you don’t have any life-threatening symptoms, your injury might still limit your ability to return to your pre-injury state. Damage as a result of a TBI could be considered something called “microtrauma.” Microtrauma causes symptoms that don’t necessarily show up in diagnostic tests but still have long-term impacts on your ability to function.
Microtrauma could result in:
- Mood swings and personality changes
- Blurred vision
- Headaches
- Depression and anxiety
- Problems concentrating and remembering things
- Fatigue and sleeping problems
- Balance issues
- Light and sound sensitivity
- Loss of your sense of smell
- Slurred speech
- Numbness of extremities
- Inability to walk or mobility difficulties
Because many of these symptoms don’t show up on the diagnostic tests doctors use, insurance companies may deny claims or underestimate the severity of your injuries.
While many of these symptoms will improve, for some TBI victims, they may linger for years or even longer.
An experienced brain injury attorney will be able to advocate for you and show the extent of the injury and its impact on your life.
A Brain Injury Attorney Will Look Out for Your Best Interests
If you have a brain injury, you might not be able to think clearly and make decisions that are in your best interest. An attorney can help protect your rights and make sure that you don’t agree to something or accept a settlement that doesn’t adequately compensate you for the damages of the injury.
The Insurance Company Is Denying Your Claims
Insurance companies are looking out for their bottom line. Their goal is to get you to settle your case for as little compensation as possible, so they will generally start out by offering you an extremely low settlement. If you refuse, they will often offer you slightly more to try to get you to settle and may do this several times.
However, when you have an attorney working for you, they can negotiate with the insurance company on your behalf. They know what a fair settlement is and can advise you as to whether they think settling is in your best interest. If your attorney can’t negotiate a settlement that’s fair, then they can advise you to take the case to trial and represent you in court.
Because of this possibility, you should always choose an attorney who has experience taking cases to trial. You don’t want to find out after you’re well into your case that your attorney has either limited or no trial experience.
Proving Liability Can Be Difficult
Common causes of brain injuries include motor vehicle accidents, slip, and fall accidents (especially among the elderly), sports-related injuries, violence, and explosions or combat-related injuries.
Proving liability in many of these scenarios can be difficult, as there may be multiple parties involved and you may need legal intervention to get some of the most relevant evidence that would show liability.
Damages Are Hard to Estimate
It’s difficult to calculate damages after a TBI because many of them are intangible. How do you place a value on difficulty sleeping, loss of memory or concentration, or vision and balance problems? This is where an attorney comes in.
Your attorney will know how to properly estimate damages for your injuries, even if there isn’t a clearcut value on things such as pain and suffering and loss of companionship.
They will also be able to calculate damages based on:
- Past and future medical care that you may need
- Occupational therapy
- Rehabilitation services
- Lost income and loss of future earning
- Punitive damages if the injury was due to reckless or intentional conduct
An experienced lawyer will examine your specific case, condition, and unique circumstances to come up with an estimate of damages.
You Need Medical Experts
Accurately estimating damages often calls for information from medical experts, as well as other service providers to get a true picture of the injury and the care that will be needed in the future.
These experts will help show that the injury has an impact on your day-to-day life and could threaten your livelihood if the symptoms linger. Personal injury attorneys have access to these experts and they will often front the cost of these experts to you as part of their fee.
Most personal injury attorneys don’t get paid unless you win and these experts will be paid from your settlement. This means that a lack of financial ability to hire these experts won’t keep your case from moving forward.
Contact a Brain Injury Lawyer Today
If you or a loved one in or around Nashville have been the victim of a brain injury, don’t try to navigate the legal system on your own. Don’t delay and contact an attorney who will be able to represent you and ensure that you get all the compensation that you are entitled to.
Here at Reasonover Law Firm, our attorneys will fight for your rights and maximum compensation. We are experienced in personal injury cases and focus on specific injuries, including traumatic brain injuries. Contact us today for a free, no-obligation case evaluation.
