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Traumatic Brain Injury and why you need a personal injury attorney

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By Kentent



Many people are victims of traumatic brain injuries as a result of a vehicle crash, fall, sports injury, or shaken baby syndrome. Every 15 seconds someone suffers a brain injury. A traumatic brain injury occurs when physical trauma causes brain damage. Depending upon the extent of damage to the brain, a traumatic brain injury can be mild, moderate, or severe. The outcome can be anything from complete recovery to permanent disability or death. Obviously the impact of a brain injury can be devastating to someone's life. Having a personal injury attorney help you with your case can lessen the strain on you and also help you get the compensation you deserve.

There are many different types of brain injuries. Here are a few of the most popular brain injury possibilities:
Diffuse Axonal Injury - Caused by a strong rotation or shaking of the head.
Concussion - Occurs with a blow to the head, and may cause the blood vessels to stretch and nerves to be damaged.
Contusion - Bruise to the brain, received from a direct impact to the head.
Coup-Contrecoup Injury - Contusion sustained on one side of the brain, and on the direct opposite side.
Recurrent Traumatic Brain Injury - A brain injury sustained while another one hasn't done healing.
Penetration Injury - Causes outside objects like hair and skin to enter the brain.
Locked in Syndrome - Rare condition that only allows your eyes to move.
Anyone involved in a brain injury case knows how difficult it can be for family members to cope with permanent disabilities or death. Sadly, there are many cases that are not properly follow-through by the insurance companies and many victims are left with expensive medical bills they cannot afford to pay.

Shaken Baby Syndrome (SBS) is one of the saddest cases of traumatic brain injury. Debate in the medical world has lead to SBS cases being thrown out of court or dismissed altogether. Shaken Baby Syndrome or Abusive Head Trauma is when someone violently shakes an infant or child causing brain damages. Many victims die as a direct result of their injuries and those who don't sustain lifelong disabilities. The families of the victim are left with life-long medical expenses and personal suffering. If you have been a victim of shaken baby syndrome, it is wise to contact a personal injury lawyer immediately. Critical evidence can be missed within the first twenty-four hours after injury. Your personal injury attorney will begin gathering information about the accident, the victim, the perpetrator, and other critical evidence. These cases often take a long time in the courts since there are many different experts that will be called upon to testify in your case. Without an experienced attorney, you could be costing yourself millions of dollars in damages to your child (or yourself). With a case like this, you will want to have the best lawyer on your side working hard to win your case. Shaken Baby Syndrome cases are hard to prove in court because many times there is not visible trauma on the external portion of a victim's head.


Medically, a brain injury can be left untreated because there is no visible trauma on the external of the brain injury patient's head. It is hard to have an accurate diagnosis of a brain injury when the head doesn't have a visible wound. This loophole can cause many problems for the victim, but can have problems holding up in court. If you suspect you or someone close to you has been involved in brain injury trauma, you need to seek proper medical care from a doctor trained to recognize brain injury signs and symptoms. Usually, the symptoms of a brain injury can be recognized immediately after the brain injury has been experienced. The sooner a brain injury can be properly diagnosed, the sooner you or your loved one can begin receiving proper medical treatment. A brain injury usually will not heal; it will affect cognitive functioning and other basic functions. A victim of a brain injury will have lifelong disabilities and lifelong treatment. The treatment methods can be costly and emotionally upsetting to the victim. A qualified personal injury lawyer can help evaluate your situation and decide how they can structure your case to acquire the proper compensation you or your loved one deserves.

When seeking a personal injury attorney for your traumatic brain injury, it is similar to seeking a lawyer for a car accident case or other cases. With the help of a personal injury lawyer, you can file a lawsuit and hopefully win your case. Your personal injury lawyer will do research and collect information to prove your case is justified.

An informal settlement is usually common in personal injury cases. If you are working on your case alone, you will go through various steps of negotiation with the insurance company and eventually you can get into a situation where neither you nor the insurance company can reach an agreement. Having a skilled personal injury attorney helps your case tremendously as most personal injury attorneys are excellent negotiators. An informal settlement usually is agreed upon before a case even goes to trial. Both parties reach an agreement on what they think is fair and sign an agreement stating no further action will be taken. Having a personal injury lawyer on your side provides "breathing room" for you since you will not have to deal with the insurance company directly. It is always a benefit to you to have someone fighting for you to get you the compensation you deserve.

First, your lawyer will ask you about your accident or injury. You will go over your memory of the incident, what happened, when, where, etc. They will need to know every detail possible from you so they can collect a variety of information. Typically with traumatic brain injury cases, you will need to plan on a few hours with your lawyer. These cases tend to need a lot of research since they are hard to prove (in dealing with SBS cases), your lawyer will request medical records, police reports, witness information, etc.


Most lawyers will wait to ask you questions until the end of your story. They want to hear every detail they can before asking questions. Be prepared for many different types of questions. Sometimes the questions can make you uncomfortable if you are involved in a hard case, so mentally prepare yourself of write your answers on paper if you do not feel comfortable saying them aloud. Keep in mind that your lawyer needs to know all the answers so they can help you find the best solution for your case. For many families involved in SBS cases, the perpetrator can be the victim's father or mother, this makes it hard for a person to discuss, especially if they are still in shock that their loved one could do this to their child.

Your lawyer will gather valuable information related to your accident or injury. You will need to sign a form authorizing the release of your medical records. Your lawyer will also need information about your insurance coverage, your insurance agent, and the steps you have taken with the insurance company. If you have talked to an insurance adjuster, they will need to know exactly what you said and whether or not you provided a written statement about the accident or injury. It is also important to tell your lawyer if you talked to anyone about your injury or accident. If you gave a written or oral statement to the police, a witness or someone else who interviewed you about your case. Be sure to give your lawyer specific details as they could potentially come back and damage your case.

Lastly, you will discuss practical aspects of your case such as a representation agreement, different types of legal fees, and the kinds of costs you can expect in your case.

Again, every 15 seconds someone is injured and experiences traumatic brain injuries. This number totals to be over 1.4 million Americans who experience traumatic brain injury every year. The outcomes of these cases are hard to live with; many times the victim is left with permanent disabilities or death. Having a personal injury attorney to help you with your case is a must. Your lawyer will know answers related to specific issues involving your case such as diagnosis, treatment, medical care, and living with traumatic brain injury. The costs involved in treatment for a traumatic brain injury are substantial and without proper representation, you may not be getting the full compensation you deserve. Lost wages, health care, and daily cost of living for your family are all part of the compensation that is taken into effect in a traumatic brain injury case. You can be permanently disabled, leaving you without a job to provide for your family. If you have been injured and are experiencing traumatic brain injury; take the time to seek out a personal injury attorney today to help you get the proper compensation you deserve.

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