Traumatic brain injuries, also known as TBIs, are common injuries following sports and motor vehicle accidents, slips, and falls. This kind of injury occurs when the brain is damaged due to an abrupt shock or significant head trauma.
However, in most personal injury cases, TBI victims don’t get the financial support they require and are entitled to after an injury. This includes payment for all associated medical bills, time off from work, as well as future medical care they may need.
In these cases, hiring a knowledgeable traumatic brain injury lawyer can make all the difference. It’s essential to do so after an accident to ensure you get the compensation you’re entitled to.
When To Hire A Traumatic Brain Injury Lawyer
If you’ve sustained a brain injury, here are the instances in which you should hire a lawyer to help you file a personal injury case.
The Nature Of The Injury
Most medical professionals look for symptoms that could be life-threatening when classifying traumatic brain injury cases. However, they frequently underestimate the effects of brain damage on a victim’s ability to function on a daily basis.
They place a greater emphasis on performing surgeries and other life-saving operations than on things such as personality changes, the severity of migraines, or any other traumatic brain injury symptoms.
The symptoms of a brain injury, such as loss of consciousness and your capacity to respond to various forms of stimulation, are frequently the focus of the diagnostic scales that doctors use to classify them.
When assessing a traumatic brain injury, doctors also take CT scans and other imaging investigations into consideration, as well as clear symptoms of serious injury like bleeding and edema.
Unfortunately, some effects of TBIs can be hidden, particularly when they are mild to moderate.
Imaging scans might not pick up on damage that is nearly minuscule in size. In the medical community, this kind of damage is referred to as microtrauma. While small, microtrauma can still lead to serious symptoms that have an influence on your day-to-day life.
However, insurance companies may assert that a person with microtrauma is not at all injured because it does not manifest in testing.
A traumatic brain injury attorney understands that all brain injury cases should be taken seriously because the brain is so intricate. Even a small brain injury can result in serious symptoms and disruptions, such as personality changes and mood swings.
Because of this, they will help you get the compensation you need and deserve.
The Insurance Company Is Denying Your Claim
When filing your claim, the insurance company will probably not provide you with a reasonable offer or they may deny your claim.
While insurance companies provide a valuable service to their customers, they do not simply pay out claims. They investigate each new claim and based upon the information they are provided and gather they may deny your claim or make an offer that is less than you may be entitled to.
If you do receive an offer, it’s possible that you are entitled to more than what the insurance company has offered you.
Your prospects of receiving the compensation you are entitled to for your brain injury are slim if you don’t have a brain injury lawyer on your side.
A personal injury lawyer experienced in traumatic brain injury cases will help you compile all the relevant evidence you need to strengthen your claim.
You Need Medical Experts
To support your brain injury claim and demonstrate that your injury is as serious as you claim, you may require the opinions of doctors, nurses, rehabilitation therapists, and other specialists.
These specialists can describe to the court how your brain injury affects your capacity to enjoy life, make a living, and how you function on a day-to-day basis.
An experienced brain injury lawyer can help you connect with medical experts so they can testify on your side about the extent of your injuries. These professionals have years of expertise in treating patients with brain injuries.
When presented by a top-tier brain injury attorney, testimony from such knowledgeable witnesses can significantly impact a case.
Liability Is Difficult To Establish
If you’ve suffered a serious brain injury, you may not remember how it happened. In these cases, it’s crucial to seek help from a brain injury lawyer. They can assist you in gathering evidence to figure out if someone else is responsible for your injury.
There are many reasons why someone else could be to blame for your traumatic brain injury. For instance, if you were physically attacked through shoving, kicking, or hitting, the attacker would be at fault.
Similarly, if you were in a car accident, the attorney can help gather evidence to determine who is responsible for your brain injury. Additionally, if you slip and fall due to someone’s negligence, such as not warning about a wet floor, your lawyer will assist you to prove that the other party is at fault.
A brain injury attorney can help navigate these complex issues of liability and guide you towards a resolution.
You Aren’t Sure How To Calculate Damages
If you’ve suffered a traumatic brain injury (TBI), you may be unsure of how to calculate the damages from your personal injury claim. The calculation of damages in TBI cases can be complicated and is unique to each individual case.
Your personal injury lawyer will consider several factors when evaluating the worth of your claim. To calculate the tangible costs of your injury, you’ll need to add up the actual expenses you’ve incurred since the loss, such lost wages, medical expenses not covered by OHIP such as medications, rehabilitation services and homecare. These expenses can add up quickly and have a significant impact on a person’s financial well-being and homecare.
It’s important to also consider the potential long-term impacts of your TBI. This includes factors like the loss of future earnings, reduced earning capacity, and estimated future medical and rehabilitation costs. Your personal injury lawyer will help you assign a monetary value to these factors.
In addition to tangible costs, there may also be intangible costs associated with your TBI, such as the physical and emotional toll of the injury. This can include things like physical pain, mental anguish, and loss of enjoyment of life. Family members may also have a claim under the Family Law Act for loss of care guidance or companionship.
The calculation damages for pain and suffering is often subjective and may involve the testimony of expert witnesses and family and friends who can testify how he brain injury has changed their life.
What A Traumatic Brain Injury Lawyer Can Do For You
Personal injury law cases can be overwhelming – especially if you’re dealing with serious injuries. Having legal representation can take a lot of the stress off your shoulders. Not to mention, experienced attorneys will help ensure you get fair compensation and don’t settle for less.
Your Lawyer Will Protect Your Interest
A brain injury attorney is knowledgeable about the unique issues related to head trauma and traumatic brain damage. This covers:
- the typical origins of these injuries
- the nature of brain damage and rehabilitation
- how to establish fault in an event that results in a severe head injury
- and the long-term cost implications of treating TBI
Your brain injury attorney will represent your best interests throughout the process thanks to this understanding and close attention to your situation.
You Will Get Maximum Compensation
According to Brain Injury Canada, at least 165,000 Canadians experience a brain injury each year. It is estimated that one person is brain injured every 3 minutes in Canada.
According to research, more than 11,000 Canadians die each year as a result of TBI. and Automobile accidents account for more than 50 per cent of all TBI.
While there are many causes of brain injury, if you have suffered a TBI due to the fault of someone else’s negligence, you should hire a lawyer with experiended in handling traumatic brain injury cases.
When you have an experienced lawyer advocating for you, they will guide you through the claims process and help you receive a just settlement that compensates you for your losses.
Build A Strong Case
An experienced attorney knows exactly how to build a strong case and will help guide you through the process. They will advise you on the most relevant evidence to include in order to show how your injury has affected your life.
Building a strong case involves:
- Finding and talking to witnesses who saw the accident and can testify on your behalf
- Gathering the police reports and accident reports from the event
- Proving liability
- Having medical experts examine and analyze your medical records
- Calculating your damages
A lawyer will plan out your case using all the information available and present it in the best way possible. This gives you peace of mind throughout the process that you will have the best chance at receiving fair compensation.
Final Thoughts
At Fosters Law, our mission is to help people with traumatic brain injuries secure their legal protection and financial security. We take care of the your claim so you can focus on recovering from your injury.
Contact us for a free consultation. We’ll discuss your situation and help you decide how to proceed and file for the compensation you deserve.
