According to the Centers for Disease Control and Prevention (CDC) nearly 1.4 million people in the United States suffer brain injury each year. And the aftermath can yield debilitating results for decades to come. From traffic accidents to sports injuries, a variety of brain injuries can occur with varying severity and cause untold medical costs or even death.
It's important to understand that should another party be responsible for your brain injury, you may be entitled to significant damages to compensate you for everything from medical treatment, pain and suffering, loss of income and more.
But it's also important that those who believe they may have suffered brain injury at the hands of another, after seeking emergency medical treatment, consult a qualified personal injury attorney that can help them file a personal injury claim or even negotiate with an insurance provider.
Brain injury cases are quite complex and there are very specific goals that must be met with any successful brain injury personal injury claim.
Your attorney must show that: (1) in the incident that caused the brain injury, the defendant had a legal obligation to be reasonably careful (or show "due care") as in the case of a driver on the road; (2) the defendant failed to show due care in the course of events that caused the injury; (3) the defendant's actions (or in some cases in actions) are causal to the injury; (4) and that your injuries and losses are indeed measurable in the eyes of the law.
Also, there are a variety of preemptive steps an experienced attorney can advise you to take to ensure you document your injuries, developing symptoms and treatment at the very outset. These steps are necessary in not only proving injury, but also linking the injury to the defendant's actions/inactions.
Brain injury symptoms don't always manifest themselves at the outset. Delaying treatment because of delayed symptoms can hinder your ability to link your injuries to the accident in question. And there have been occasions when physicians fail to diagnose or miss the presence of traumatic brain injury entirely due to negligence. If that is the case you may be legally entitled to damages as a result.
Finally, accidents are not the only causal agent for traumatic brain injury in the United States. Defective products or consumables cause considerable damage every year to consumers. If you believe your brain injury to be the result of a defective product, you may be able to bring a personal injury claim against the manufacturer and other companies involved in the product's distribution.
Because of the complex issues involved in these kinds of cases, and the necessity for swift action following any accident, it's imperative anyone who thinks themselves victims of brain trauma at the hands of another consult with a practiced personal injury attorney like those at Panio Law Offices. It's important to have an attorney that understands the issues involved in these cases and who is experienced in gathering evidence, documenting treatment and injuries and negotiating damages in these cases.
Medical issues from traumatic brain injury can manifest well after the accident. It's important you consult an attorney that understands how to account for every potential at the time of negotiation or during the litigation process.
We understand the difficulty clients experience negotiating these kinds of cases. Insurers often attempt to settle early in order to avoid the kinds of claims that comprise the full scope of a traumatic brain injury. And signing a release of liability in order to get that settlement can mean years of medical costs and impairment you can not be compensated for years after the fact.
If you have questions about a traumatic brain injury case and need help filing a claim, call (708) 928-8680. We can help.