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Brain injury blog by survivor

Brain injury blog by survivor



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Brain injury blog by survivor

Brain injury blog by survivor



Guest post: 5 Tips From the Legal Perspective on Brain Injury U.S. Law

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Today I have for you a guest blog by an attorney who specialises in representing those who have suffered a traumatic brain injury in a range of different circumstances. I chose to publish this as a starting point for those who feel they have a case, but don’t know where to start. Most of us have seen those annoying adverts about personal injury claims. And you may have even had unsolicited calls too. They leave you feeling bamboozled and wondering if they are just taking advantage of you. So I will let James Lambka explain what are the main things to consider when raising your case in terms of U.S law.

I’m James Lambka, one of the attorneys of Wiener and Lambka P.S. Law Firm. We are experienced, professional, compassionate attorneys helping people who have been injured through the negligence of another person, corporation or government. With a long track record of success and excellent client reviews, and we are always here to help if you need it.

Every year in the US, almost 1.4 million people suffer brain injuries. These injuries range from concussion to severe brain damage. They can be caused by everything from motor vehicle accidents and sports mishaps to business negligence and assault. To make matters worse, brain injuries often result in cognitive impairment. Many sufferers are simply at a loss concerning how to initiate and pursue a claim to recover damages. So here are 5 tips from a legal perspective on brain injury to give you a starting point.

1.  Be Aware of the Complexity of Brain Injury Law

Brain injury law is highly complex and comprises several legal practice areas. These include personal injury negligence, tort law, and administrative law like worker’s compensation, social security, and disability. So success in a claim or lawsuit requires an attorney with specialized knowledge and experience.

2. Recognize the Legal Basis of Your Case

It’s a good idea to know something about the legal basis of your brain injury case. That way you know what you have to prove to win it. It will also help you in assembling the critical information and evidence for a successful claim.

Most brain injury claims and lawsuits are based on the legal theory of negligence. This theory calls for the person pursuing the claim/lawsuit to prove that the other party was responsible, or at-fault, for the accident that resulted in the injury. Here’s what you have to demonstrate to legally prove that the other party (the defendant) was in fact at fault:

  • That the law required the defendant to be reasonably careful (that is, had a “duty of care”.)
  • The defendant did not act with reasonable care toward the plaintiff (you.)
  • The defendant’s action/inaction caused your injuries.
  • That your losses/damages are actually measurable under the law.

That sounds simple enough. The difficulty lies in the fact that brain injuries are more complicated and often more difficult to detect than other kinds of injuries.

3.  Understand an Example of Negligence and Liability

To make this a little clearer (hopefully) here’s a hypothetical example of when fault/negligence comes into play . . .

Mary is driving, and her car is hit head on by Jim, who has been drinking. Mary is propelled, despite the car’s safety devices, into the windshield of her car. She sustains severe head injuries. The effects of these injuries include impaired cognitive function and recurring, debilitating headaches.

Jim’s blood alcohol content (BAC) was determined at the time to be well over the legal limit. Therefore he was indeed negligent and at fault. This means that Mary would be able to file a successful personal injury claim/lawsuit against Jim and his insurer because his negligent driving caused the accident. Mary would then be able to receive compensation for damages to cover medical bills, lost wages, and ongoing treatment, among other things.

4.  Gather All the Evidence/Information You Can

In preparing you brain injury claim or lawsuit, your attorney will need loads of information. So you need to gather and assemble all the pertinent information you can.

Your attorney will need to have answers to many questions, for example:

  • How did your brain injury happen?
  • Tell me what you remember about the accident?
  • What were you doing at the time?
  • What immediate medical attention did you receive?

While you may be suffering some memory loss and be unable to fully answer the questions, just be as honest as you can. And if you’ve enlisted the aid of a family member or friend to assemble information beforehand, your attorney can draw on that to fill in the blanks. Your attorney will also consult witnesses, accident reports, newspaper articles, and medical records, much of which you can assist with access to.

5. Find an Attorney Skilled in Brain Injury Law

Just as you wouldn’t want a general practitioner to treat your brain injury, you also want a specialist attorney to handle your case. Returning to normal, everyday life after suffering a brain injury can be a long process. Often this requires special accommodations for a successful transition. For example, if you’re trying to return to work, you may need more breaks, shorter work hours, and more time to complete certain tasks. But getting these needed concessions can sometimes take special skill on your attorney’s part as a component of your personal injury case.

It’s critical, then, that you find an attorney who specializes in representing people who are unable to do so themselves owing to traumatic brain injuries.

Have you been through the legal process of claiming after your brain injury? What do you wish you had known before?


4 replies on “Guest post: 5 Tips From the Legal Perspective on Brain Injury U.S. Law”

I wish I knew there were brain injury specialists. I wish someone had told me to get legal help when it happened. I wish someone would help me understand why I must suffer and lose everything I’ve ever worked for because I suffered a head injury at work (I was a teacher). I wish someone could explain to me why workers comp in NYS is allowed to deny treatment that my doctors and their own doctors say I need.

I’m so sorry to hear that you are not receiving the support you need. Unfortunately I don’t have the answers to your questions, perhaps contact your local politician to see if they can give their voice to your case.

It would have been a big help if my doctor, who I love dearly, had had any idea of where I needed to go for help after my injury. She said it would be a few weeks before I was back to normal, yeah right! My daughter finally found the Colorado Concussion Clinic in Denver for me and they have started putting me on the right path to dealing with this. Unfortunately it took 4 months before I found these people. I have taken a ton of information back to my doctor so the next time this happens to someone, hopefully they won’t have to wait as long as I did! This should be a standard part of medical training!! Also, while I was in the emergency clinic after my accident, no one thought to take photos of my injury and I was in no shape to think of it. That would have been really helpful for my lawyer in my court case now. More attention needs to be paid to these kinds of injuries on the whole!

You’re right Lori, having a timely referral to a specialist is really important. I hope your doctor takes your feedback well and puts it to good use.

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