One of the worst injuries out there that can change a person’s life completely are brain injuries. As with the brain itself, these injuries are very complex and require extensive medical attention, rehabilitation, and, at times, lifetime care. With a situation like that, victims and their families must be fully cognizant of the legal processes that accompany these injuries.
We’re here to provide an in-depth analysis of the legal process involved in such cases and show you how an experienced Tate Law Offices’ brain injury lawyer can help.
For an average person, the legal aspect of a brain injury case is overwhelming, let alone for a victim who suffered a traumatic event like that. There are several stages involved, from understanding the severity and implications of the brain injury to handling the insurance companies and seeking compensation for the damages incurred.
As such, victims and their families need proper guidance and representation, else they’ll easily lose themselves in the maze of medical terminology, legal jargon, and complicated procedures. This is where the role of our law firm and our lawyers comes into play.
Understanding Brain Injuries
While most people are aware of what a brain injury represents, it’s still important to note that such trauma can lead to either temporary or permanent impairment of brain functions. This can take place due to various incidents, including:
- Car accidents
- Falls
- Violence
- Sports injuries
The gravity of a brain injury can range from mild concussions to severe traumatic brain injuries (TBIs), each presenting unique challenges and requiring specific courses of treatment. The complexity of brain injuries is further heightened due to the diverse nature of symptoms and the effects they can have on the victim’s cognitive, physical, and emotional well-being.
Understanding the full scope and consequences of a brain injury holds immense importance, benefiting not just the victim’s path to recovery but also serving as a key aspect in pursuing a legal case. It forms the foundation of the case and helps determine the compensation that the victim may be entitled to.
If you have been in an accident, you should focus on the signs and symptoms of TBI, which include:
- Loss of consciousness for any amount of time
- Nausea or vomiting
- Persistent, strong headaches
- Confusion and dizziness
- Loss of balance and coordination
- Blurred vision or sensitivity to light
- Ringing in the ears or sensitivity to sounds
- Slurred speech or other difficulties with talking
- Ongoing fatigue
- Loss of memory (amnesia)
- Difficulties with concentration or thinking clearly
- Changes in mood or behavior, including depression and anxiety
You should always go to a doctor after you have been in an accident – and especially if you are experiencing any of the above indications of TBI. A doctor can assess the extent of brain damage you may have suffered based on a series of tests and a careful examination of X-ray, MRI, or CT scan results.
What Can a Brain Injury Attorney Do for Me?
There’s no denying it: the legal landscape is complicated, and victims and their families will need a Plano brain injury attorney to guide them through it. Their specialized knowledge puts them in a great position to adeptly champion the rights of victims and secure fair compensation for their hardships.
Here are just some of the things that an attorney can do for you:
- Gather and analyze evidence
- Identify liable parties
- Negotiate with insurance companies on the victim’s behalf
- Provide invaluable emotional support and reassurance during trying times
- By taking over the legal aspects of the case, they allow victims and their families to focus on recovery and rehabilitation.
- Help you seek all forms of compensation (including recovery for medical expenses, loss of enjoyment of living, and suffering and pain)
- Build a solid strategy to obtain a maximized jury award
- Cover all court costs and legal expenses
Importance of Receiving Complete Treatment
For brain injury victims, complete treatment is a must, and not only because of their health, but also because it strengthens the legal case. The treatment process provides:
- Comprehensive record of the medical attention required
- Costs incurred
- Potential future expenses
All of this combined forms a vital component for the compensation claim.
A complete treatment plan for a brain injury may encompass:
- Emergency care
- Surgical interventions
- Medication
- Rehabilitation
- Long-term care
It may also involve various therapies like physical, occupational, and speech therapy, depending on the severity of the injury.
However, the difficulty and cost of such treatment tend to be enormous. This is where the concept of a contingency fee comes in, helping victims cover court costs and receive the necessary treatment without immediate financial stress.
What is a Contingency Fee and How It Helps Cover Court Costs?
A term that comes up often during legal cases and talks about attorneys is a contingency fee. This is a payment arrangement between the client and the lawyer, where the lawyer’s fees are contingent upon the outcome of the case. In other words, the lawyer only gets paid if they win the case or secure a settlement for the client.
This arrangement is particularly beneficial in brain injury cases, where the victims often face exorbitant medical bills and may not have the resources to pay for legal representation up front. With a contingency fee agreement, they can secure skilled legal representation without worrying about immediate legal costs.
Furthermore, it motivates the attorney to work diligently on the case, as their payment is directly tied to the case’s success. Thus, it ensures that the attorney will strive to secure the highest possible compensation for the client.
Need for Expert Witnesses in Brain Injury Cases
When one hears the words ‘expert witness”, it might sound confusing at first, but they actually play a key role in plenty of cases, including brain injury ones. To put it simply, they are people who are experts in their fields. They provide a professional perspective, helping the court realize the severity of the injury, the impact on the victim’s life, and the anticipated future care requirements.
These expert witnesses can be:
- Medical professionals
- Accident reconstruction experts
- Vocational rehabilitation specialists
Their testimonies substantiate the victim’s claims and provide a solid foundation for the compensation sought.
Nevertheless, identifying and coordinating with expert witnesses is not without its issues. Brain injury attorneys, with their extensive network and resources, can facilitate this process successfully.
Importance of Following Doctor’s Orders
When hurt, following doctor’s orders is something that everyone should do without question to help with their recovery. In this situation, it helps the legal case as well. Non-compliance with medical advice can be used against the victim, with the defense arguing that the victim’s negligence contributed to their condition or that the injuries are not as severe as claimed.
Adhering to the prescribed treatment plan, attending all follow-up appointments, and staying consistent with therapies and medications can help strengthen the victim’s case. It also demonstrates the victim’s commitment to their recovery, which can positively influence the court’s perception of their claim.
Navigating Medical Care and Insurance Companies
Brain injury victims often find the task of managing medical care and interacting with insurance companies unbearable, as most people usually do. Due to their nature, medical procedures, paperwork, and insurance protocols tend to be too much to process, especially when coupled with the emotional and physical stress of a brain injury.
Insurance companies often employ various tactics to minimize the compensation they have to pay out. They may dispute the severity of the injury, question the necessity of certain treatments, or delay the claim process.
Plano brain injury lawyers can skillfully navigate these challenges, making sure that the victims receive the medical care they need and the compensation they deserve.
Danger of Giving Recorded Statements to Insurance Companies
Insurance companies often ask victims to provide recorded statements regarding the incident and their injuries. The thing is, these statements can be misinterpreted or manipulated to undermine the victim’s claim.
Victims may inadvertently say something that contradicts their claim or downplays their injuries. Insurance companies have a habit of using this to their advantage, denying or reducing the compensation amount.
We at Tate Law Offices advise against giving recorded statements without legal counsel. Our lawyers can guide victims on how to communicate with insurance companies to protect their rights and interests.
Overcoming Victim Blaming in Brain Injury Cases
Victim blaming is a common tactic used in brain injury cases to shift the blame from the liable party to the victim. The defense may argue that the victim’s actions or negligence contributed to the injury, thereby reducing their liability.
Even so, an experienced brain injury attorney at Tate Law Offices can help victims counter these tactics. They can gather evidence, present facts, and effectively argue against such allegations, ensuring that the victims are not unjustly blamed for their injuries.
How Plano Brain Injury Lawyers Can Help You Navigate the Legal Process
Handling the legal procedures after a brain injury might seem intimidating, yet with the support of our law firm, victims can effectively navigate and manage these challenges.
Tate Law Offices’ brain injury lawyers provide comprehensive legal support, from figuring out the nature of the injury and its implications to having to deal with insurance companies and fighting victim blaming. They see to it that the victims receive complete treatment, follow through on doctor’s orders, and help cover court costs through contingency fee arrangements.
What’s more, they bring in expert witnesses to strengthen the case and advise against giving recorded statements to insurance companies without legal counsel. Their expertise and dedication can significantly ease the legal journey for brain injury victims, helping them secure the compensation they rightfully deserve.
To sum up, brain injuries are complex and life-altering. However, with the proper legal support, victims can steer through the legal process effectively, making sure that they receive the care and compensation needed for their recovery.
Tate Law Offices’ brain injury lawyers in Plano are always there to help in these challenging times. We have over 30 years of experience and are consistently advocating for the victims’ rights by working tirelessly to secure justice for them.
To receive a free consultation, use our contact form or call Tate Law Offices at (972) 499-4813.