Practice Areas: Brain Injuries
Brain injuries can have severe and devastating effects. In many cases, the victim of a brain injury is not even aware that there is an issue. Often times, people suffering from brain injuries will simply ignore short term memory loss or attribute it to being rattled from their accident.
If you or a family member have suffered a TBI (traumatic brain injury) due to an accident or through the fault of another person, as your attorney, our first order of business will be to “objectify” your injuries. A patient’s condition will be the focal point of any case and insurance companies are often notorious for “playing dirty.” In many cases, unless there is objective evidence of your brain injury on a MRI or CT Scan, many insurance companies automatically claim that the individual is faking their injuries or that psychological problems existed before the injury.
The attorneys at Moss Berg are in your corner – always. You can count on us to provide excellent counsel to your family and to get the settlement that you want and deserve. We have represented many clients who have brain injuries; the settlements rendered have assisted them in getting their lives back in order, providing for loss wages for the past and accounting for any possible loss of livelihood and quality of life in the future due the brain injury you suffered.
Of course, juries are generally sympathetic to brain injuries that can be proven. But, in doing so, know that the patient’s life history will be open to examination. Psychological and psychiatric records will be obtained by the insurance company dating back to childhood. Therefore, it’s critical that you and your family have an experienced brain injury litigation attorney at your side. We deal with insurance companies daily to get the largest settlement possible.
Remember that even if the patient didn’t lose consciousness, they still may have experienced a brain injury. Two tests that are helpful in proving the validity of your claim are the MRI/DTI and the MRI/MRS. Generally, approximately 80 percent of individuals who suffer a “mild traumatic brain injury” will make a full recovery within six weeks. However, this is not always the case. For example, persons with TBI often have what is known as a “lack of self-awareness.” This means the individual does not recognize their limitation and changes since the time of the accident.
Operating in “the real world” or returning to work is often tougher than being at home. Many TBI victims encounter discover problems handling the complex demands of their lives. The “window for effective rehabilitation” closes six months after injury, so it needs to be taken care of quickly. In most cases of moderate or severe TBI with objective brain injuries, families should consider applying for social security disability right away. We can guide you through this sometimes long and frustrating process. Cognitive reserve is another issue we’ll review. For example, a young person suffering a moderate to severe brain injury will likely face lessening of cognitive reserve in their lifetime and therefore will be more likely to suffer dementia or Alzheimer’s, and to suffer it at an earlier age. All of these considerations must be addressed regardless of ones age.
Family members should seek legal counsel as soon as possible if the circumstances indicate fault. Evidence from an accident or fall can disappear, sometimes within hours. Video cameras that may have captured the incident are often erased after 30 days. Medical issues are also time sensitive. Insurance coverage, PIP coverage and rehabilitation fights with the hospital are also common problems in the first week after an injury.
Any time someone is in an accident and hits their head, it is important to have doctors evaluate the potential for a brain injury to identify it as soon as possible. Whether you’ve suffered from a head injury one day ago or one decade ago, let us help you evaluate your case with a free consultation.
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