Traumatic Brain Injury: Dealing with the Legal Aspects

Traumatic Brain Injury: Dealing with the Legal Aspects

It’s scary enough to think about being in an accident, whether on the job or involving a motor vehicle. But add to that the thought of long-term and chronic injuries and you have a challenging future on your hands. If you or a loved one has been involved in an accident that has resulted in traumatic brain injury, there’s the legal aspect to consider, in addition to your health crisis.

What Is Traumatic Brain Injury?

The National Institute of Health defines traumatic brain injury (TBI) as an acquired brain injury that occurs when a sudden trauma causes damage to the brain. Because this is a sudden trauma, it will typically occur during an accident, such as a motorcyclist who isn’t wearing a helmet during a collision. It can also occur during aggressive abusive situations.

The symptoms of TBI are dependent on the amount of damage incurred and can range from mild to severe. They may include various head pains, such as headache, lightheadedness, or dizziness, as well as stroke-like symptoms, including memory loss, convulsions or seizures, and loss of coordination. In more serious cases, victims of TBI can have their whole futures upended, leaving them unable to work and support their families or even care for themselves.

The First Legal Questions After TBI

When TBI is serious and the future becomes unsure, there are a number of immediate issues to deal with and questions to answer. Many of these will require an experienced attorney to help determine the answers and where to go from there.

Some legal questions you and your Phoenix personal injury attorney should be asking include:

  • Who is in charge of making medical and personal decisions on behalf of the injured person suffering from TBI?
  • Was the injury the result of an accident or specific cause situation?
  • What are the specific details and circumstances surrounding the injury?
  • Did the injury occur at work?
  • Will the injury require long-term care for the TBI victim?
  • How will insurance play a part in caring for the individual?
  • Does the injured person have a living will, will, and/or trust?

It’s important to speak to an attorney as soon as possible after traumatic brain injury—or any injury due to negligence on the behalf of another person—occurs. The reason for this is that an experienced personal injury lawyer will know exactly what your rights are in such a situation and how to protect them.

Long-term Legal Assistance

After the immediate issues have been addressed, you next need to look at long-term implications. Those will likely include resolving any of the outstanding questions you had following the accident, such as creating a guardianship for the injured person, developing a life-care plan as well as an estate plan, and formulating appropriate lawsuits.

Because of the magnitude of traumatic brain injury, lawsuits are almost always in the six figures and can expand into the millions of dollars. The amount associated with a TBI lawsuit varies based on the extent of the immediate medical care as well as long-term projections. In the worst case, the injured person may lose all ability to work and assume a normal life, meaning he or she will need care for the remainder of life—a costly proposition.

In addition to medical costs, your attorney will take into consideration loss of earning potential, life-care costs, and pain and suffering. Expert witnesses will be called to testify. This kind of case can be complex and requires an experienced TBI lawyer.

Trust Silkman Law Firm

The professional personal injury attorneys at Silkman Law Firm are TBI experts.

We know what questions to ask and how to adequately assess your unique situation to ensure you receive the appropriate settlement. Don’t leave your future to chance; trust us to make a difference for you.

Contact us or call the team at Silkman Law Firm at 602.535.5899 today for your free case evaluation.

2016-04-04T09:34:39+00:00 Apr 04th, 2016|Medical Mistakes, Personal Injury Law|