Traumatic Brain Injury Lawyer
Traumatic Brain Injury Lawsuits: What You Should Know
What is a Traumatic Brain Injury Lawyer?
Traumatic brain injuries have affected the lives of many families around the world, especially in the United States. The first step in the long and challenging process of recovering from a head injury is an accurate diagnosis. Hiring a personal injury law firm can help you deal with the legal, medical, and financial issues that can arise after a traumatic brain injury.
There’s a chance you’ll get at least some of your medical costs reimbursed by insurance, either your own or that of the person at fault in the accident. Yet, your current financial aid won’t be enough to cover all of your bills. You might have to spend more money on maintenance therapy, medications, and lost wages.
When that happens, an attorney can help you understand your options and pursue fair compensation.
The Different Types of Head Injuries
- Edema
Swelling, often known as edema, is a common medical condition. Some types of head injuries can cause the tissues around the brain to swell, but it’s a serious problem when the brain swells.
- Concussion
A concussion is a type of mild traumatic brain injury caused by a bump, blow, or jolt that moves the brain quickly inside the skull. Many people with a concussion never lose consciousness. Most people recover from a first concussion within a few weeks, but repeated concussions can lead to a longer recovery and lasting problems.
- Diffuse Axonal Injury (DAI)
A diffuse axonal injury is widespread damage to the brain’s white matter, the nerve fibers that carry signals between brain cells. Moreover, diffuse axonal injury may contribute to cerebral swelling and coma. This injury typically occurs when the brain is shaken back and forth.
- Skull Fractures
Skull fractures are breaks or cracks in one or more of the bones of the skull. They can damage the membranes, blood vessels, and brain underneath. There are various forms of skull fractures, such as linear, depressed, diastatic, and basilar.
- Hematoma
A hematoma is a blood clot that forms outside the blood vessels. When a hematoma grows in the brain, it can exert pressure on the brain and raise intracranial pressure. Hematomas can result in loss of consciousness or irreversible brain damage. Various types of hematomas exist, such as epidural, subdural, and intracerebral.
- Hemorrhage
Hemorrhage denotes uncontrolled bleeding. Numerous forms of hemorrhages can result from head injuries, including subarachnoid and intracerebral hemorrhages.
Legal Options Available
If the negligence of another party caused your head or traumatic brain injury, you have the legal right to seek compensation. Evidence of the other party’s negligence is necessary to seek compensation.
This can be accomplished by receiving medical care as soon as possible after an accident. If you wait too long to seek assistance, the insurance company may attempt to argue that the incident that caused your injuries was something different.
So, it is a good idea to be checked by a medical professional as soon as you can after an accident. Some accident victims may sustain a concussion or other form of traumatic brain injury (TBI) without realizing it. Yet, a paramedic on the scene may be able to recognize the symptoms and recommend a trip to the emergency room.
Suppose you seek medical attention quickly after the collision. In that case, the insurance company will have a more difficult time refuting your TBI claim after you have been diagnosed and treated for TBI. Your medical records will support your compensation claim.
If your traumatic brain injury / head injury insurance claim is refused, you may be able to file a lawsuit for compensation. You must still show that you were hurt because of another party’s negligence.
Helpful Tips for Your Brain Injury Claim
1. Gather and Organize All Relevant Paperwork and Evidence
Each successful head injury lawsuit must be supported by solid evidence. Your legal team may work with expert witnesses such as neurologists, life care planners, and accident reconstruction engineers, but you can still do a great deal to help your injury attorney.
For example, you can use a binder or folder to keep track of your medical bills, doctor’s notes, and insurance correspondence. So, you can easily give copies to your lawyers and ask them questions when necessary.
2. Start a Journal
If you have a traumatic brain injury, describing your daily symptoms and how your life has altered since the accident may be challenging. A journal will help you put your problems into words and understand how your TBI affects your everyday life.
In your notebook, you can write down your doctor’s appointments, concerns about your physical and mental health, pain, and other problems. Writing down your feelings and thoughts can help you process your injury and losses, but it is also a good idea to document your symptoms in an organized manner.
3. Create a Calendar System and Plan in Advance
If you want stability and routine after a TBI, you need a calendar and a way to remind yourself. Whether you use a whiteboard, a mobile app, your phone’s alarms, a helpful housemate, or a combination of the above, you should keep track of your crucial court dates, appointments, and deadlines throughout your claim.
4. Create Talking Points for Your Meetings with Your Legal and Medical Teams
You might find it hard to tell a lawyer, doctor, or other experts what’s bothering you or ask the right questions when you meet them. So, we ask our clients to write down their questions and the most important things they want to discuss before the meeting. So, you can look at your notes to ensure your team gets all the information they need.
Before meeting with your attorney, you may want to write out the following information:
The names of any doctors or medical practitioners you have met.
Any scheduled visits that your legal team should be aware of.
Changes to your symptoms or treatment plan
Your concerns regarding your case
5. Get Your Questions Answered in Writing
If you have trouble remembering specifics, ask your attorney for a written record of your discussions. So you will have an accurate record of everything you discussed and their advice. For example, several clients with brain damage/injuries prefer email to talking on the phone or meeting in person.
First, with email, they can take as much time as they need to ensure their questions are clear, and stress, memory problems, or trouble finding words are less likely to get in the way. Second, customers receive responses in plain English from our team, which they can consult anytime.
6. Don’t Ignore Your Self-Care
Getting better after a traumatic brain injury is hard and can make you physically and emotionally tired. Add the stress of a personal injury lawsuit, and it’s easy to feel like you only think about your injuries and what caused them.
If you feel this way, pause, and take a few deep breaths. Give yourself the time you need to recharge, whether it’s a peaceful stroll, eight hours of sleep, or an hour each day to journal, exercise, or engage in a hobby you enjoy.
7. Assume That the Insurance Company Is Undervaluing Your Case
Always assume that the insurance company wants to settle your claim for brain trauma or severe brain injury as fast and inexpensively as possible. If they offer you a settlement, you may always presume it is too low, especially if you don’t have an attorney. When calculating the value of a traumatic brain injury lawsuit, attorneys take the following into account:
The maximum amount of coverage applicable to your claims.
Current and projected medical costs
Lost income and capacity to make a living
Distress and suffering
Expenses related to your long-term requirements, such as medical equipment and nursing care
Funeral and cemetery costs
Punitive damages
If you do not consider all of these elements (and others), you lack a complete understanding of your case’s settlement value.
8. Get the Medical and Mental Health Care You Need
According to the CDC, getting medical care after a mild TBI or concussion can help speed recovery. In addition, attending all of your medical and therapy visits will bolster your brain injury claim.
Medical documents that demonstrate constant symptoms, describe your daily obstacles, and demonstrate that you’ve taken your recovery seriously are persuasive proof that convinces the insurance company that a settlement is in its best interest. It can also help the jury figure out how bad your injuries and losses are.
If you’re having trouble with medical costs or finding the right expert, you should talk to an experienced brain injury attorney. They can help you find reputable medical providers and get fair compensation for your losses.
Have you suffered a head injury?
Head injuries can range from a minor concussion to severe injury resulting in a coma or even death. A head injury is unlike any other physical injury as it is not typically visible. Concussions are often accompanied by persistent headaches and/or migraines.
Head injuries can range from a minor concussion to severe injury resulting in a coma or even death. A head injury is unlike any other physical injury as it is not typically visible.
Concussions are often accompanied by persistent headaches and/or migraines. In addition, those with a concussion often report that they feel like they are in a fog and can’t snap out of it. These are just a few of the typical symptoms reported by those with a minor concussion. You need to look no further than the NFL concussion research to understand why this is such a big injury.
More serious concussions can cause changes in personality along with cognitive changes (changes in the ability to think or multitask). These effects can be temporary or permanent. Getting to the right doctors who know how to treat and document these types of injuries is essential to establishing the value of your case.
Concussions can be missed or misdiagnosed, especially when other injuries need attention first or a CT scan of the head comes back normal. A normal CT scan does not rule out a concussion. According to the CDC, a scan is not needed to spot a concussion, and the NIH notes that current tests cannot always detect mild brain injuries. Working with attorneys who have experience dealing with and documenting these types of injuries can help make sure your claim reflects the full effects of your injury.
Accident Law Group understands these injuries personally. One of our founding partners was involved in a very severe car accident where the hospital misdiagnosed his concussion. Understanding how to save and develop the case when the doctors fail to note all injuries is a very important characteristic when choosing an attorney.
Dealing with these issues not only documents the missed injury but gets you the treatment needed. We have worked with Neurologists and Neuropsychologists to help our clients heal as well as document their serious injuries. Our experience with head injuries helps us document them carefully.
Brain Injury FAQ
Here are calm, plain answers to common questions about brain injuries after an accident in Arizona, from warning signs and recovery to deadlines and fault. This is general information, not medical or legal advice for your situation.
A traumatic brain injury, or TBI, is an injury to the brain caused by an outside force, such as a bump, blow, or jolt to the head, or a hit to the body that makes the head and brain move quickly back and forth. Not every blow to the head causes a TBI. A concussion is a type of mild TBI. The National Institutes of Health notes that a concussion can take anywhere from minutes to several months to heal. Doctors often describe TBIs as mild, moderate, or severe, and the CDC notes that the effects of even a mild TBI can be serious.
This is general information, not medical advice. The National Institutes of Health lists signs that call for medical care right away, especially in the first 24 hours after a head injury. They include a headache that gets worse or does not go away, repeated vomiting, seizures, pupils of unequal size, slurred speech, weakness in the arms, legs, or face, being hard to wake up, confusion that does not go away, and clear fluid draining from the nose or ears. Even without these signs, the CDC says a person with a possible concussion should be seen by a healthcare provider.
Yes, that is possible. According to the CDC, a brain scan such as a CT scan is not needed to spot a mild TBI or concussion, and it may be used mainly when there is a risk of bleeding on the brain. The National Institutes of Health explains that the imaging and other tests available today cannot always detect damage from mild, concussive injuries. Doctors may rely instead on your symptoms, a neurological exam, and tests of memory, attention, and problem solving. If symptoms continue or change, tell your healthcare provider, and keep copies of your visit notes and test results.
It depends on the injury and the person. MedlinePlus, from the National Library of Medicine, says recovery from a TBI may take days to weeks, or even months. The National Institutes of Health notes that most people recover fully from a first concussion within a few weeks, while recovery from a second or third concussion is generally slower. In a small number of people, symptoms do not go away. More serious injuries often involve rehabilitation, which may be short-term or long-term. Because recovery can be hard to predict, it can help to understand your medical outlook before resolving a claim.
Young children may not be able to say that they feel different, so adults need to watch closely. The National Institutes of Health lists signs such as crying or irritability that will not stop, changes in eating, sleeping, or attention, losing interest in a favorite toy, losing a skill such as toilet training, unsteady walking, and vomiting. A healthcare provider can check a child who has hit their head. For the child’s own injury claim, Arizona generally pauses the filing deadline until the child turns 18 (A.R.S. 12-502). Other deadlines, such as for claims against a public entity or a parent’s own claim, can differ.
Problems with memory, concentration, and decision-making can happen after a TBI, so family members often help. A person who is able to can sign a power of attorney naming someone they trust (A.R.S. 14-5501). If an injured person cannot make or communicate responsible decisions, an Arizona court can appoint a guardian, or a conservator to manage money and property. Arizona law may also pause a filing deadline while a person is of “unsound mind” (A.R.S. 12-502), but that applies only in limited situations, so it is safer not to count on it. A lawyer can explain which steps fit your family.
Arizona generally allows two years from the date of the injury to file a personal injury lawsuit (A.R.S. 12-542). If a city, county, or state agency may share responsibility, for example for a government vehicle or a road problem, a written notice of claim usually must be filed within 180 days, and a lawsuit within one year (A.R.S. 12-821.01 and 12-821). Different rules can apply to minors and to some people whose injury affects their ability to manage their own affairs (A.R.S. 12-502). Some brain injury symptoms show up days or weeks later, so it can help to have the dates reviewed early.
Arizona uses comparative fault (A.R.S. 12-2505). If you were partly at fault, your damages are generally reduced by your percentage of fault rather than barred, with limited exceptions. The other side may also argue that not wearing a seat belt made your injuries worse. Under an Arizona Supreme Court decision, that can reduce damages only for the injuries the other side proves were caused or made worse by not wearing one, and it does not change who caused the crash. Every case turns on its own facts. When you are ready, call Accident Law Group at (602) 333-3333.
Related practice areas & guides
A brain injury often happens alongside other kinds of accidents and claims. These pages may help you find related information.
- Car accident attorney — head injuries from car crashes
- Motorcycle accident lawyer — riders hurt in crashes
- Bicycle accident lawyer — cyclists hurt by turning or passing vehicles
- Pedestrian accident lawyers — people hit while walking
- Semi truck accident lawyer — crashes involving large trucks
- Slip and fall lawyers — falls on unsafe property
- Medical malpractice lawyer — when medical care itself may have caused harm
- Product liability lawyer — when a defective product may be involved
- Wrongful death attorneys — when an injury takes a loved one’s life
- Frequently asked questions — general questions about injury claims
- Meet our attorneys — the Accident Law Group team
- Visit or contact us — offices in Arizona and New Mexico
When you are ready to talk, call (602) 333-3333 in Arizona or (575) 333-3333 in New Mexico.
Conclusion
The complexities of head injury claims can be difficult and daunting to navigate. It takes a deep understanding of the law, the medical side of the damage, and how complicated the case is.
It can help to work with lawyers who have experience with head injury cases. As someone who has had a head injury, it is essential to understand your legal rights and choices. With good guidance and help, you can make it through the legal process and pursue fair compensation.
At Accident Law Group, one of our founding partners was in a terrible car accident where his concussion wasn’t correctly diagnosed.
We’re here for you. Call us to schedule a free review at (602) 333-3333 or visit
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