A brain injury lawyer can help obtain compensation so you can afford the care a loved one needs. Traumatic brain injuries (TBIs) often result in long-term disabilities or death. However, they can have mild effects or lead to unexpected problems.
The financial impacts of a TBI are often far-reaching. Therefore, if the injury was caused by an accident resulting from someone else’s negligence, you may be entitled to more than the insurance company offers. A head and traumatic brain injury attorney fights for your rights to reach a fair settlement.
What Does It Mean to Have a TBI?
A TBI occurs due to a blow or jolt to the head. Outside forces, like those involving a fall or a car accident, can cause physical damage to brain tissue. Some injuries have immediate effects. Aside from these primary injuries, secondary brain injuries can occur after the initial trauma. The full effects of an accident aren’t often known right away.
Head injuries can take many forms. The two broad types recognized by medical professionals and attorneys include penetrating TBIs, in which an object breaks through the skull and enters the brain. A non-penetrating TBI, or closed head injury, is when the brain is moved within the skull by an external force. It can cause physical damage, swelling, and pressure that can lead to various complications.
Is It Time to Call a Brain Injury Lawyer?
A TBI case can be complex, so it’s important to know when you need a brain injury lawyer. Any delays can reduce the odds of a successful claim. California has a two-year statute of limitations to file a personal injury lawsuit. Missing the deadline can prevent you from filing a claim or receiving compensation.
To avoid delays and losing the chance to seek financial recovery, call a personal injury lawyer in the following circumstances:
TBI Symptoms
While a diagnosis must be confirmed by a professional, the acute signs of a TBI include:
- Headaches
- Dizziness
- Disorientation
- Confusion
- Nausea
- Blurry vision
- Memory problems
- Trouble speaking
- Light/sound sensitivity
- Fatigue
- Loss of consciousness
A TBI can occur even if you don’t think an accident caused one. Symptoms like ringing in the ears, remote pain, and depression can be signs of a brain injury.
If any TBI symptoms are present, seek immediate medical treatment. The sooner you receive care, the more likely complications can be prevented. Check for potential head injuries after any accident, so you get the care you need and can hire a brain injury attorney to build a case.
Injuries Are More Severe Than You Expected
Even if you know you have a head injury, it may be more severe than anticipated. The symptoms may initially be mild and signs of trauma might not show up on tests. Microtrauma can have long-term impacts. Its effects on brain function include trouble with balance, slurred speech, and sensitivity to sound.
Delayed symptoms are often not considered by insurance companies. Therefore, coverage costs can be underestimated. Insurers typically won’t open a claim again or consider a claim for the same injury. However, an experienced brain injury lawyer can represent you, work with an insurer, and provide proof of the injury’s effects on your life.
Your Insurance Claim Is Denied
An insurance company profits from the premiums it collects. When you file an accident claim, its goal is to settle for as little as possible. This reduces the impact on its bottom line. As a result, claimants with serious injuries often receive lowball offers.
Insurers use various strategies to convince people to take an offer or abandon the claim. Sometimes, a higher offer may be on the table. However, it’ll be far less than you’re entitled to.
Obtaining a reasonable payout is difficult. That’s why you need a brain injury lawyer to negotiate on your behalf. If the insurer doesn’t cooperate, they can file a lawsuit or go to court so you get the compensation you deserve.
Legal Expertise Is Needed to Prove Liability
A personal injury attorney is also skilled at proving liability. This can be challenging after an accident involving a motor vehicle or a slip and fall. If multiple parties are involved, proving liability is even more difficult, but it is critical when dealing with an insurance company that has denied a claim or won’t increase its offer.
Strong evidence is the key to proving a negligent party is liable. A personal injury lawyer knows the types of evidence needed and can help you gather it. They must consider what would strengthen your insurance claim and stand in court (however, most insurance companies settle before a court trial).
The most effective types of evidence lawyers use include:
- Police reports
- Photos from the accident scene
- Medical bills
- Accounts from medical experts
- Eyewitness statements
You Must Calculate the Cost of Losses
Your lawyer can calculate monetary losses such as medical bills, lost wages, and lost future income. However, TBIs often involve losses that are hard to quantify. Your quality of life may be affected by difficulty thinking, a lack of mental focus, depression, anxiety, and other symptoms that make it harder to perform routine tasks. Emotional trauma and other psychological impacts can be classified as pain and suffering.
These kinds of losses are hard to calculate in dollars. An experienced lawyer can estimate the potential compensation you can receive. They can predict the income you may lose, the medical care you may need, and the types of rehabilitation that may be required in the future. Instead of taking a low offer, your lawyer can fight for a settlement amount that covers your losses and expenses.
You Need Expert Medical Witnesses
A brain injury lawyer can provide access to medical professionals familiar with your type of condition. These experts not only know the proper treatments to get you on the road to recovery. They can also provide evidence and testify in a lawsuit to strengthen your case. If it goes to trial, a physician can testify in court to help the judge and jury understand the severity and impact of your injury.
Medical Malpractice May Be Involved
A TBI can occur due to medical malpractice. Or, a physician’s or surgeon’s error could have delayed a diagnosis, causing the condition to worsen. You need an attorney familiar with malpractice law. There’s less time to file a lawsuit, as California’s statute of limitations for a medical malpractice case is one year from the date the injury is discovered. However, you have three years from the date you sustained the injury.
Your legal counsel can ensure the required deadlines are met so you can continue to pursue the case.
Conclusion
Hire a brain injury lawyer as soon as possible after your or a loved one’s accident. They can help strengthen your claim and maximize your compensation. There are various ways to do this. Rather than take on the process yourself, let an attorney represent you. They can improve the odds of a successful outcome by doing the following:
- Gather the evidence needed to support your claim.
- Provide access to the appropriate medical care.
- Obtain copies of all accident-related reports.
- Assist in filing your insurance claim.
- Ensure all legal deadlines are met.
- Negotiate a fair settlement amount.
Call Jacob Today
At The Law Offices of Jacob Emrani, we’ve fought and won numerous multi-million dollar cases. Our Los Angeles brain injury lawyer can get you maximum compensation. We know how devastating a TBI can be after an automobile, slip and fall, or other accident. Regardless of the nature and scope of your injury, our team ensures you get treatment fast and builds a strong case. The effects can be lifelong. But the financial difficulty does not have to be. To schedule your free consultation, call Jacob at (888) 952-2952 today.