The questions on this page were answered by our team of lawyers. The questions are categorized by practice area such as car wrecks, medical malpractice, traumatic brain injuries, etc. If you have specific questions about your situation, contact our firm to set up a free consultation with an actual attorney.
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Do I have to go to court if I file a traumatic brain injury lawsuit?Most TBI cases settle before going to court, but there is a possibility a trial is necessary. Thus, it is imperative to hire a personal injury attorney who is experienced in winning TBI verdicts in court, as well as settlements out of court.
What legal rights do I have if I suffer a traumatic brain injury caused by another party?If you have suffered a traumatic brain injury because of the negligent conduct of another person or party, you have a right to compensation. Your attorney will work with medical professionals, vocational experts and other experts to determine proper compensation for your medical costs, lost wages, pain and suffering, and loss of earning capacity.
How do I know if I have suffered a traumatic brain injury in an accident?Symptoms of a traumatic brain injury can be subtle and may not happen right after the accident. You may have loss of consciousness, headache, blurred vision, loss of balance, nausea or vomiting, mood changes, fatigue, sleep pattern changes and sensitivity to sound or light. Get medical attention immediately if you have any of these symptoms after an accident.
What are the signs and symptomsof a brain injury?
The symptoms and side effects of a brain injury vary and you may not notice the side effects for days or weeks after the accident. But general symptoms of brain injury include:
· Losing consciousness even just for a minute
· Blurry vision, strange smells or a funny taste in your mouth
· Trouble speaking
· Personality/Mood changes
· Memory loss
· Dizziness or vertigo
What must Ido to prove thatI suffered a brain injury?
A traumatic brain injury is a unique type of injury because it is not readily visible. It is not like suffering a broken arm or facial laceration where the injury is immediately apparent. In order to substantiate your brain injury, medical records are the best proof so seek medical care. Medical testing may include CT scans, PET scans and MRI's. Make sure that the results of these tests are included in your medical records. Once medical records are obtained, medical experts can testify about how the injury was sustained.
What is anoxic brain injury?
An anoxic brain injury occurs when your brain is deprived of oxygen and this leads to brain damage. When oxygen is prevented from entering the brain partially or completely, brain cells can die which can lead to permanent, life-altering brain injury. The following causes, along with the details of the specific incidenc, may be grounds for an anoxic brain injury claim:
Medical negligence or surgical mistake
Near-drowning accident (sometimes leading to premises liability claims)
Strangulation, choking, or suffocation. For example, a defective product like a crib or stroller that injures your child.
What are the potential long-term effects of a brain injury?
There are mild and severe forms of brain injuries with side effects that can last for just a brief period or for the rest of your life. In general, the more severe the brain injury, the higher chance you have suffered a permanent, debilitating traumatic brain injury (TBI). Some of the long-term effects may include epilepsy or seizures, Alzheimer's disease, dementia pugilistica, post-traumatic dementia, Parkinson's Disease, and other problems with motor skills, among others. A TBI may require the assistance of a nurse or medical professional on a daily basis. A mild brain injury is less severe but could lead to reduced motor functions and memory loss.
I was never diagnosed with a closed head injury or a brain injury at first-what does that do to my potential case?
It is fairly common that a brain injury/closed head will not be diagnosed at the ER or even in the first weeks after a wreck or collision. This alone will not defeat the potential case. Brain injuries are often missed at first even by trained professionals. Please read over other discussions we have posted related to brain injury law or case results. Call us to discuss your questions.