How Do You Handle A Traumatic Brain Injury Lawsuit?

Posted on : April 29, 2016, By:  Mike Saltaformaggio

Doctors tend to concentrate on the visible injuries when a car accident occurs. Broken bones, cut muscles or bruises heal after some time; a brain injury may take an excessively long time or not heal at all. Doctors often fail to check for brain injuries during auto accidents, especially if the skull is not fractured. Yet the brain can still sustain injury due to a brutal physical force exerted on the skull.

Brain Injuries From Auto Accidents

Brain injuries might also be misdiagnosed after an accident. Even if not diagnosed at first, it is important to visit a hospital again for diagnosis when signs like the ones below occur:

  • Loss of consciousness.
  • Memory loss for what happened before or after the injury during the accident.
  • Brain injury symptoms such a being disoriented or not know the exact accident circumstances.

Traumatic brain injury results in impairment of physical functioning of the patient involved. Injury to the brain can cause altered consciousness and functional disability which can be temporary or permanent. Entire families are often affected, since the one involved might not be able to handle his or her responsibilities. Either way, such a situation can be very confusing for a family trying to sort out all the legal and medical issues.

In a situation such as any type of car wreck that involves a brain injury, you should know that you can claim compensation from the responsible party or your insurance company.

Lawsuit Considerations

If you are considering filing a traumatic brain injury lawsuit, here are a few things you should keep in mind:

  1. Find Legal Help From a Car Accident Attorneys – Since traumatic brain injury cases can become very complicated, finding a car accident attorney who is qualified and has handled such matters before is a better situation rather than representing yourself.

  2. Know Your Legal Standing – Traumatic brain injury lawsuits can be won based on the theory that someone neglected his or her responsibility, which is why you need to be compensated. The car accident that caused the injury can be the result of reckless driving, which means you would need to prove that the accused was driving recklessly. Your argument in court can also be based on the theory that the product (car) you were using was faulty or malfunctioned. You could argue that the driver’s airbag did not work the way it should and that’s why you were sustained a brain injury. Explain any and all circumstances such as these to your car accident attorney.

  3. Gather Substantial Information About The Accident – Brain injury patients often suffer memory loss. Being honest with your car accident attorney is the only way to go. In these cases, a lot of information can be gathered from other sources like witnesses, accident reports and newspaper articles. This information could prove vital in showing the court that you need to be compensated.

  4. Seek Follow-up Care – Brain injuries can be a complex medical and legal situation,. Patients who have been severely affected require compassionate palliative care. Caregivers can work either in hospitals or in the home. Moving a patient from hospital to home can be frustrating for family members, and an expert’s involvement can significantly reduce the stress involved with caring for such a patient. You can use caregiver services to reduce the burden on overwhelmed families and to provide an enhanced level of care and quality of life.

Know Your Rights!

Most importantly, any person who has suffered a brain injury as a result of a car wreck should not try to handle their claim alone. Seeking the services of trained and dedicated car wreck attorneys is the best way to seek fair compensation for the injuries received. These trained professional know your rights and will work diligently to see that such rights are protected during the auto claim handling process. Let professionals handle your brain injury claim!

‘Maggio & Thompson, LLP

Attorneys & Counselors At Law

174 West Center Street

Canton MS 39046

(601) 300-3333

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