According to the Centers for Disease Control and Prevention, 2.5 million emergency room visits, hospitalizations or deaths were associated with a traumatic brain injury in 2010.
Your first priority is to get medical treatment. Talk with your doctor about your injury and make a plan to recover.
If you believe you have a claim, your best course of action is to contact an experienced brain injury lawyer who can investigate your case. A lawyer needs to determine if another party was responsible for your injury, which can be complicated. For example, if the brain injury occurred as a result of medical malpractice, then the healthcare providers involved might be responsible. If a negligent driver caused a car accident resulting in brain damage, the driver may be responsible. Regardless of what circumstance causes the injury, it is necessary to investigate in order to determine who is responsible.
Damages depend on a variety of circumstances, so each case is different. However, an experienced lawyer will try to get compensation for medical bills, pain and suffering, lost wages, impaired earning capacity, life care expenses and future expenses.
Brain injury cases present unique challenges. Because the injuries can be “invisible,” it is necessary to explain to the insurance companies the significant impact and changes brain injuries can cause to a victim’s life and their family. Typically, it is necessary to hire experts to present a brain injury case, which is very expensive. You need to hire a lawyer that has the resources to devote the time and expenses to your case.
The short answer is yes. Insurance companies have experienced adjusters and lawyers on their side. You need an experienced lawyer representing you to protect your interests. An experienced brain injury lawyer will ensure the insurance company understands the unique issues confronting you as you seek fair compensation.