Brain Injury Attorney

Approximately 1.5 million traumatic brain injuries occur every year in the United States. In addition, 50,000 Americans die annually because of these injuries. Handling brain injury lawsuits is something that a brain injury attorney deals with on a regular basis. These attorneys know how to negotiate settlements and make sure that victims are appropriately compensated for their head injuries.

Dealing with insurance companies is a challenge. This is why it’s important to work with a brain injury attorney after an accident. Here are the important factors to consider in a serious personal injury case and how an attorney will help.

About Insurance Companies

It is in the insurance company’s best interest to protect their assets by providing the minimum payout in personal injury cases. They look at the evidence from accidents to determine what they should be responsible for reimbursing, like medical bills and lost wages.

A brain injury lawyer will know what to do when the insurance company reduces or rejects your personal injury claim. In fact, they will negotiate on your behalf to make sure that you are getting the settlement that you deserve.

Evidence the Insurance Company Will Consider

The existing evidence generally comes from the physician who took your case. Because head injuries can be life-threatening, the treating doctor will take precautions to prevent the injury from progressing. Therefore, they will consider multiple options for treatment and recovery. In most cases, insurance adjusters will only consider compensating for past medical bills. However, they aren’t looking at the brain injury symptoms that will have a long-term effect on your life.

Ultimately, you should be compensated for the long-term effects the accident had on your life. An attorney will push for this during negotiations. Sometimes, micro-traumas develop with time. They often include:

Mood swings

Visual disturbances (blurriness)

Light and sound sensitivities

Memory, attention, and concentration issues

Tinnitus (ringing in the ears)

Anxiety and depression

Balance problems

Inability to walk

You Need the Right Medical Expert

In the event that the brain injury is because of someone else’s negligent behavior, you may be looking at a battle of proving fault between you and the other party. Even if the evidence shows that the other party was liable, insurance companies will still attempt to not take full accountability. Therefore, gathering evidence may not be enough to prove the extent of your injuries.

An established brain injury attorney is going to find a medical expert to evaluate the case. Then, they will present their findings, indicating how serious the physical damage is. With their testimony, they will make sure that you get your full settlement amount (in addition to the damages you may deserve compensation for).

Having the right expert witness testify on your behalf means that they will be able to share the following with the opposing party, the judge, and the jury.

How the injury occurred

What treatments are necessary

How your life was affected by the injury

Calculating Damages

It’s possible that the injury was more serious than you thought and it turns out you will never be able to work again. Maybe you sustained further damage to your spinal cord and lost the ability to walk. Maybe you are filing a lawsuit for a close family member that passed away from a brain injury.

These punitive damages can make it difficult to estimate a precise dollar amount, especially when the injuries are due to negligence. Your brain injury lawyer will be able to thoroughly examine your case and appropriately identify how much you should be compensated. Common factors in a brain injury case that will be evaluated include:

Past and future medical expenses

Occupational therapy, physical therapy, and other rehabilitation

Lost wages and earning potential

Pain and suffering

Loss of consortium

After suffering from a brain injury, you know that you have a long road ahead of you. Adding financial burden to your physical pain and your need for relearning certain things will only make matters worse. Working with an attorney will provide a number of benefits, especially in regard to winning your case.