When to Hire an Attorney for a Brain Injury

By March 22, 2022 No Comments
brain in hands

March is Brain Injury Awareness Month, and as personal injury attorneys, we are no stranger to traumatic brain injury (TBI) cases.

According to the Brain Injury Association of America, there are more than 5.3 million adults and children in the United States who are living with a permanent brain injury-related disability. This equates to one in every sixty people. Brain injuries can happen as a result of motor vehicle accidents, slips and falls, assaults, sports injuries, combat injuries, and more.

Oftentimes people have suffered a brain injury and do not know it. Headache, cognitive impairment, confusion, emotional volatility, loss of consciousness, and sleep disturbance, among others, may occur to variable extents after a brain injury. These injuries can have a wide array of physical and neuropsychological effects, so it is important to act quickly. The sooner you seek medical attention, the sooner you can diagnose your injury and begin treatment.

After your affairs are in order and you’ve sought medical treatment, it’s imperative to consult with a personal injury attorney, in particular one who has experience with traumatic brain injury cases.

We Review When to Hire an Attorney for a Brain Injury Here:

THE INJURIES ARE MORE SEVERE THAN YOU ANTICIPATED – Even if your injury doesn’t qualify as “life-threatening”, your injury might still limit your ability to return to your pre-injury state. Doctors 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 when assessing the extent of the injury.

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. Because many of these symptoms don’t show up on the diagnostic tests, insurance companies sometimes deny claims or underestimate the severity of the injuries.

Microtrauma could result in any of the following and more: blurred vision, headaches, depression and anxiety, trouble concentrating and remembering, mobility difficulties, and mood swings.

So, if you think your injuries might not meet the qualifications for a TBI case, hire a professional attorney with traumatic brain injury experience to determine that. You may be entitled to more compensation than you think.

NEED TO PROVE LIABILITY – Your personal injury attorney’s knowledge about such injuries, as well as means to thoroughly investigate, often lead to the liable party or parties being held responsible. Liability is determined with the help of each state or country’s laws. The severity of the injury can also play a big part in determining liability and compensation. Hiring a skilled personal injury attorney is crucial to obtaining appropriate compensation for the injuries sustained.

CLAIMS ARE CONTESTED – Insurance companies are concerned about protecting their bottom line. Their goal is to get you to settle your case for as little compensation as possible. If you refuse, they’ll also likely continue to negotiate with you to accept an amount they think is what you deserve.

Personal injury attorneys can best help you negotiate with the insurance company. They understand what constitutes a reasonable and fair settlement, and will also advise on whether settling is the best for you.

They will also negotiate with the insurance company on your behalf. If your attorney can’t negotiate a fair settlement, then they can advise you to take the case to trial and represent you in court. Always chose legal representation with experience taking cases to trial.

DAMAGES ARE HARD TO ESTIMATE – How do you calculate damages for things that are intangible such as difficulty sleeping or loss of memory or concentration? Your attorney will know how to properly evaluate damages based on lost income and earning potential, past and potential future medical costs, occupational or rehabilitation needed, and punitive damages if the injury resulted in the third party’s reckless or intentional behavior.

At Fulmer Sill, we are experienced in traumatic brain injury accidents. If you’ve suffered a brain injury due to no fault of your own, count on our experienced team to help you navigate the legal process. All initial consultations are free, and we don’t charge any up-front fees for representation. We handle all fees on a contingency basis, meaning that unless we’re successful, you don’t have to pay us. Please contact us at (405)510.0077 for a free consultation or request a case review here.


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