Brain Injuries

Brain injuries occur for a variety of reasons and can have a devastating effect on the lives of those who suffer them, as well as the lives of their families. When such injuries result in brain injury lawsuits, it is important to seek the specialist help that brain injury lawyers can provide.


1. Causes Of Brain Injuries

There are many reasons for brain injuries. Some, known as acquired brain injuries, result from issues such as stroke, heart disease, meningitis, brain tumors, illegal drug use and alcohol abuse. The majority of brain injuries, however, are traumatic brain injuries, resulting from such incidents as falls, assaults, motor vehicle accidents and sporting incidents.

Traumatic brain injuries can occur in two ways. A person who receives a direct blow to the head can suffer brain injury if the blow is hard enough to damage the brain inside the skull. An even harder blow can actually break the skull and injure the brain directly. Blows to the head that cause brain injury can occur when the head hits a stationary object as happens in falls and motor vehicle accidents. Brain injury can also result from physical assault when an object is used to strike the head.

The other way in which a traumatic brain injury can occur is from a fast acceleration and deceleration of the head, resulting from such situations as involvement in a motor vehicle accident or being shaken violently. This type of movement can cause the brain to move backwards and forwards inside the skull. During the movement, nerve fibers and brain tissue can be damaged.

2. Levels Of Brain Injuries

The three levels of traumatic brain injury are mild, moderate and severe. With mild brain injuries the person may be confused and dazed or may lose consciousness for a few minutes or seconds. Although this condition, known as a concussion, lasts only a short time it is seen as evidence that there has been an alteration to the brain functioning.

Moderate brain injuries occur when the loss of consciousness lasts from a few minutes to a few hours. After regaining consciousness, the person may remain confused for days or weeks. There may be some temporary or permanent physical or cognitive changes.

The most serious level of brain injury is classed as severe, with unconsciousness lasting from days to months. There are also several subgroups of the severe brain injury classification. These include coma, vegetative state, persistent vegetative state, minimally responsive state, akinetic mutism and locked-in syndrome.

Whether classed as mild, moderate or severe, all brain injuries are serious medical conditions. If you suspect you or another person has any type of brain injury you should seek immediate help. Contact a doctor, go to a hospital emergency area, or call the emergency help number for assistance.

3. Effects Of Brain Injury

The effects of brain injuries can include a range of symptoms that have the effect of altering a person’s life pattern and leading to dependence on others. Among the physical symptoms there may be restlessness, headaches, and continual exhaustion. Loss of balance, dizziness and partial paralysis may be experienced. In some cases the patient will even have to learn to walk again or may be unable to perform coordinated movement, including speech. There can also be epileptic seizures, incontinence and problems with swallowing.

Among the emotional effects of brain injury are depression and anxiety, including panic attacks and an inability to cope with normal, everyday tasks. There may also be outbursts of anger, often triggered by apparently insignificant causes. The person suffering from the brain injury can also become self-centered and lacking in motivation.

The suffering resulting from brain injuries extends to the families of the patients. Whatever the age and family role of the injured person, difficulties with interpersonal relationships and general stress often develop within the families of those with brain injuries. Whether the person who suffered the brain injury was the main income provider or the homemaker, long-term disabilities can cause financial as well as emotional problems. In the case of a young person suffering brain injury, parents may have to come to terms with the need for providing a lifetime of emotional and financial support for their child.

4. The Need For Financial Help

Millions of people suffer traumatic brain injuries each year. In the United States alone, about 1.5 million people are treated for brain injuries ranging from mild to severe, with more than 50,000 of those people dying from their injuries. Of those who survive, almost 100,000 people can expect to suffer long-term physical, emotional and economic disabilities as a result of their brain injuries.

The physical and emotional disabilities resulting from brain injuries require ongoing medical treatment and rehabilitation. This, in turn, can lead to significant financial problems. Depending on how the brain injury occurred, there may be an entitlement to claim compensation to help with these financial costs.

Among the sources of benefits that can be considered in brain injury lawsuits are automobile insurance, workers compensation, government benefits and health and accident insurance. Depending on the circumstances, issues of long-term care and guardianship may also come into consideration in brain injury lawsuits. Because it is a complex area with various types of claims possible, you would be well advised to seek the help of brain injury attorneys who are experienced in these areas. While nothing can make up for the lost quality of life that brain injury causes, brain injury lawyers can at least help you to obtain any financial help to which you are entitled, so that you have help with medical and rehabilitation treatment.

5. Should You Make a Claim?

If you or someone close to you has suffered brain injuries, you may be wondering whether you can file suit for compensation. With the many things occupying your mind and the stress you and your family will be experiencing, it may hard to summon up the time and energy needed to pursue the matter. It is, however, well worth taking the time to consult experienced brain injury attorneys who can tell you almost immediately if your claim is worth making. This could make all the difference to your financial situation in the next few years.

Brain injury lawyers can give you the initial information you need via a phone call, a short visit to their offices, or even through an evaluation form on the internet. They will want to know whether the brain injuries were received either through a direct blow to the head or through an injury or incident that caused the brain to move inside the skull. They will also need to know if the injury was serious and whether it was caused by someone else’s negligence. If you are uncertain about the seriousness of the injury or not sure whether it was caused by someone else’s negligence, you should still seek legal advice as soon as possible and let the brain injury attorneys decide whether your claim is likely to succeed. Remember, they are the experts in brain injury lawsuits and should be the ones to make that decision.

6. How Can A Lawyer Help?

Brain injury lawsuits can be extremely complicated. You and your family will already be under stress as the result of the brain injury and its consequences. Trying to cope with complex legal issues without professional help would lead to even more stress for you. If you lack specialist knowledge of the issues relating to brain injuries, you could also end up with less compensation than experienced brain injury attorneys could obtain for you.

Brain injury lawyers are also aware of the variations in state laws that can affect brain injury lawsuits. If, for example, you decide to try to manage your own claim, you may not be familiar with the many issues that could affect its outcome. Just one of those issues is the fact that, depending where you live, different statues of limitations apply as to when lawsuits relating to brain injuries can be filed. This time can vary from one to three years from state to state. By not being aware of this and failing to make a claim in time, you could miss out on your chance for compensation. Even if you bring a claim in time, it will probably take you longer to do so than skilled brain injury attorneys, who can save time as well as stress for their clients by managing brain injury lawsuits on their behalf.

7. What Will A Lawsuit Cost?

The thought of hiring lawyers for brain injury lawsuits can be worrying. Anyone who has suffered brain injuries will already have had expenses and will be faced with the prospect of many more bills as months, and possibly years, of medical attention and rehabilitation get under way. It is quite natural to be wondering if you will be able to afford the help of brain injury attorneys as well.

There is, however, no need to worry about this issue. Initial advice from most law firms is free, so when you decide to approach brain injury lawyers for advice, check that this is the case and then explain your circumstances. If you prefer, you can often fill in a form online giving details about the brain injuries and have your case assessed free of charge. Brain injury attorneys will often also send out free information to help people decide whether to proceed with brain injury lawsuits.

Once the case gets under way it will usually be conducted under a contingency fee arrangement that involves no expenses for you unless there is a successful outcome. The brain injury lawyers’ fees will then be paid as a percentage of your settlement. Some brain injury attorneys also offer the options of an hourly rate or a flat fee to be paid whether the case is won or lost. When consulting with brain injury lawyers, confirm these details and ask about the percentage they receive on brain injury lawsuits under a contingency fee arrangement. Shopping around and talking to a number of brain injury attorneys before making a final decision will help you to find the lawyer who is best for you.

8. Assessing Damages

Damages awarded in brain injury lawsuits vary to some extent depending on the state and country in which the lawsuit is considered. In general, however, the extent of the brain injuries will be taken into consideration, as well as medical evidence as to whether the injuries are permanent or temporary. Pain and suffering that has been incurred as a result of the brain injuries, as well as that which is expected to occur in the future, can also be regarded as a matter for compensation in brain injury lawsuits. When brain injury impairs a person’s ability to work, past and future loss of earnings or profits may be taken into account in determining the amount of damages to be awarded. Other issues can include medical expenses, deformity, mental anguish and loss of quality of life.

Even when plaintiffs in brain injury lawsuits are found to have been partially responsible for their own brain injuries, they may still receive compensation. In such cases the compensation is usually reduced by the percentage of fault assessed. If, for example, a plaintiff is found to have been 30% at fault in the accident that caused the brain injury, the defendant will therefore be 70% at fault. In that case, the plaintiff should usually receive 70% of the total damages awarded. This mean that even if you feel there was some fault on your part, you should check with brain injury lawyers to see if you still have a case for compensation.

9. Why Choose A Specialist Lawyer?

Brain injury lawyers have the knowledge and experience to offer the best chance of success in brain injury lawsuits. They also have the best understanding of the type of compensation that is needed by people who have suffered brain injuries. Their preparation for brain injury lawsuits and their conduct of cases will therefore be helpful, efficient, professional and, it is to be hoped, ultimately successful.

Experienced brain injury lawyers understand the physical and cognitive changes that can result from brain injury and are also aware of the social and emotional implication of brain injuries. With this knowledge they are able to ensure that all necessary medical tests and other procedures are carried out in preparation for brain injury lawsuits. Their special awareness of the needs of people who have suffered brain injury will enable them to put the best possible case for compensation in every way, with a focus on both the past and future needs of the person who has received the brain injuries. In this way, brain injury attorneys can relieve their clients of worry and help them to win the best possible results.
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