A traumatic brain injury (TBI) is defined as a blow or jolt to the head or a penetrating head injury that disrupts the function of the brain. Not all blows or jolts to the head result in a TBI. The severity of such an injury may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury. A TBI can result in short or long-term problems with independent function. Unlike other injuries, the full impact of a brain injury may take years to realize.

According to the Brain Injury Association of America , 1.4 million people sustain a TBI each year in the United States. Of those, 50,000 die, 230,000 are hospitalized, and 1.1 million are treated and released from an emergency department. Falls are the leading cause of TBI (28%) followed closely by motor vehicle-traffic crashes (20%). Males ages 0-4 and 15-19 are 1.5 times more likely than females of the same age groups to sustain a brain injury.

The Brain Injury Association of Arkansas recently posted a Traumatic Brain Injury Services Resource Manual to their website. This manual has been compiled for people who are living with TBI, their families, caregivers and professionals, such as case managers and discharge planners. It has been developed to list, on a county-by-county basis across the state of Arkansas, what services are available to help TBI survivors lead satisfying lives within the community.

Unfortunately, many persons have not received, and will not receive, adequate compensation for their traumatic brain injuries because they did not have proper representation. A lawyer representing a person and their family for traumatic brain injury should possess knowledge, education and experience in this area of litigation. Taylor King & Associates personal injury lawyers are experienced with representing people with brain injury, head injury, concussion, and coma. We are “On your side – by your side.”

Traumatic brain injury is a prime cause of death in the United States for people below the age of 45. With TBI occurring every 15 seconds, roughly 5 million Americans are affected by TBI disability. Some of the leading causes of TBI are sports injuries, falls, and motor vehicle accidents. While the brain is one of the most complex organs in the human body it is also vulnerable and easily injured.


Proper Protection
A concussion is a common form of TBI. This is an alteration of the alert state brought on by a sudden trauma. A person suffering from a concussion can become confused and disoriented for a few seconds, but can also lose consciousness and suffer permanent or semi-permanent damage. Boxers, football players, and race car drivers are examples of athletes who are exposed to outside forces on their brains. However, they suffer relatively little damage because they are prepared for it by wearing protective helmets. But there are others less fortunate who suffer TBI which leaves them permanently incapacitated or impaired to a lesser degree.


The Dangers of Whiplash
Whiplash injury is another common condition which affects a person’s neck, causing brain damage. Whiplash injury is a frequent outcome of motor vehicle accidents. This happens often when a person is seated in a stationary car which is hit from behind by another vehicle. Whiplash injury may not be life threatening but could be the cause of a prolonged period of partial disability.

 

A Specialist
If you or any member of your family has suffered a brain injury of any sort, you should consult an experienced brain injury lawyer to obtain compensation for pain, suffering, and life-altering situations that might result from the injury. Brain injury is a specialized form of a personal injury accident and hence you need to be represented by an injury lawyer with specialized knowledge in this particular and crucial field.

Brain injuries can arise from vastly differing causes like an automobile accident, medical malpractice, workplace injury, or some product liability, with no fault on your part. Apart from the physical and emotional trauma, a brain injury can also bring about a severe drain on your financial resources and it is thus imperative that you consult a brain injury lawyer at the earnest to increase your chances of receiving the claims due to you. So, how do you choose a lawyer who can do the job best? Here are some tips:

  • Choose a lawyer who specializes in handling traumatic brain injury cases. While a civil trial lawyer will be able to grasp the basic legal concerns of a brain injury case, you need a specialized brain injury attorney to delve into the complex medical issues related to the diagnosis and prognosis of the injured person and thus come up with an accurate estimate of the dues.

  • Enquire into the track record of the lawyer. Prove into the records of a brain injury lawyer to find out the percentage of his cases that have gone on trial or whether he is one of those lawyers who has a reputation for getting his cases settled outside the ambit of the court. 
  • Choose a lawyer only after checking his credentials. Choose a brain injury attorney only after you have thoroughly probed into his credentials. You can do this by asking for references from him or enquiring at the local or national association of trial lawyers. And while you are it, make sure that the lawyer has a valid license to practice in your state. If the lawyer works for a firm, check the credentials of the firm and ensure that it has the resources onboard or access to them, who can act as witnesses in your case.

Most importantly, choose a lawyer who you can trust. At Taylor King Law, when you call our toll-free number 1-800-227-9732, you can expect to speak with someone who will hear your story, advise how and what we will do to help you, and answer your questions.

While it is true that civil trial lawyers can accomplish many of the routine legal tasks associated with a brain injury case, you need the expertise, experience, and specialized training of brain injury attorneys to increase the chances of success in a particular case and to ensure that you are adequately compensated for your physical and psychological trauma and the drain on your financial resources. The services of a personal injury lawyer are invoked in many circumstances and some of these are listed below:

  • Automobile Accidents: As per statistics, traffic accidents are the major causes of brain injuries in the United States. Apart from those instances where injuries to the head are readily apparent, there may be non-critical accident cases where the accident victim does not even realize that he has suffered an injury to the brain and that too with possible long-term effects. The skills of a brain injury lawyer are needed at this hour to ensure that the victim receives the compensation that is due to him for his present and future medical care and for the time that he is away from work.

  • Medical Malpractice: As lawyers across the board will readily agree, medical malpractice is the hardest claim to prove in court. It does not suffice to have access to all medical records. To prove that negligence on the part of a medical practitioner or an establishment has caused the injury, a specialized brain injury attorney also relies on his knowledge regarding the diagnosis and prognosis of the injury to accurately make an estimate of the claims.

  • Workplace Injuries: In case of brain injuries caused at the workplace, a brain injury attorney has to not only call upon his medical knowledge but also press into service his knowledge of workplace injury-related laws to ensure that the victim is adequately compensated for the ensuing medical costs, his time off from work, rehabilitation expenses, and any loss of workplace productivity that may have resulted from the injury.

Forming a Winning Case

The above are the three principal instances when brain injury attorneys are called for and it is evident that they do more than just gather evidence; the attorneys have to also decipher the sundry bits of details and string them into a compelling, coherent, logical, and a clincher of a case. It is paramount to your case that you consult and hire an experienced personal injury attorney who not only will know how to handle your case, but will be your ally, on your side, and by your side throughout the process. Call us today at 1-800-227-9732.

As the name suggests, a brain injury is any injury to the head or brain caused by a car accident, a fall, an assault, a gunshot wound, or any other uncommon incident. The brain could also be injured because of lack of oxygen from drowning, or inadequate blood supply during a heart attack. If the injury is severe, it might be termed as a traumatic brain injury (TBI). Frequently people who suffer brain injuries have no recollection of the event, or what caused the injury.

Unpredictable

People do recover from brain injuries but a timeline is difficult to establish. At times it could be days, weeks, or even years. Very often a person loses consciousness because of a brain injury and remains that way for an unpredictable period of time. Brain injuries and their outcomes are difficult to forecast. As a general guideline, the less the injury the quicker the recovery time and vice versa. In some injuries the rate of recovery is rapid in the early period after the injury, but slows down as time goes by.

As mentioned in the previous paragraph, the recovery time is difficult to foretell and often far slower than family and friends tend to expect. This can be traumatic for all and everyone, who want it to go back to how it was. Doctors adopt a cautious attitude, preferring to wait and watch. As a rule of thumb, the longer the person remains unconscious or in a coma, the less likely the chances of a full recovery are. The most critical time after a brain injury is typically 24 to 48 hours immediately following the incident.

The First Defense

Brain injury claims require a brain injury lawyer who has the special expertise needed. This is why brain injury cases differ from other personal injury claims. Establishing liability can be challenging unless the lawyer is exhaustively conversant with the legal and medical issues related to brain injuries. The first defense of defendants and insurance companies is to deny that such an injury ever occurred. And your first defense, consult with a skilled attorney, who will be on your side.

Brain injury cases are unique because they are best handled by a brain injury attorney. These specialist attorneys have seen for themselves the permanent and life-changing effects of a brain injury. The also understand the medical and legal issues involved in fighting a brain injury case. The first challenge facing the attorney is to prove that a brain injury actually took place if it is not evident. Often, insurance companies and defendants deny that such an injury ever occurred. The next point will be to establish liability which the attorney will attempt to do with expert witness testimonies. Without an in-depth knowledge of brain injuries and how the brain reacts and recovers, an attorney would be quite out of his/her depth. This is why it is important to hire the correct attorney for the person you love.

A Difficult Situation

Initially with a brain injury, doctors have to ascertain the precise nature of injury and how severe it is. As a general guideline, the more severe the injury the longer the recovery period. But what course a brain injury will take is something that is difficult to predict, which even doctors would be hesitant to. The brain is one of the most complex and delicate organs in the human body and its precise reaction to injury does not follow a pattern. In many cases the victim can be of no help because he/she has no recollection of the event and what caused the injury in the first place.

When a victim has suffered a brain injury there are several issues involved in drawing up a claim amount. The attorney has to try to determine how the injury has affected the victim, mentally, physically, and economically. What costs are involved for rehabilitation, lost wages, guardianship, and long-term care? How does the injury impact life expectancy? These are some of the main issues that make up a claim for compensation. A brain injury lawyer will be committed to fighting for the justice and compensation the victim needs and deserves. 

In every state the conduct of attorneys with respect to their clients are governed by strict ethical rules. Attorney-client relationship is regulated by these rules which also impose extensive obligations on the attorney, and provide for substantial protection of the client’s rights. Under these rules, attorneys have an obligation to decline to represent a client in issues where they lack sufficient expertise. In a worker’s compensation case entailing a traumatic brain injury claim, for example, the attorney must primarily be conversant in rules pertaining to workers compensation and representations before the workers compensation board. But more significantly, the attorney must also be versed in issues relating to traumatic brain injury.

 
Everything Explained
Before a client gives consent to a settlement, the terms of the settlement have to be conveyed to a client and fully explained with all its implications. The client has every right to ask questions on any of the terms, and the attorney is obliged to explain these until all the ramifications are clearly understood. Frequently out of court settlements are reached or settlements before the worker’s compensation board. The litigant has to make a personal appearance before the judge to formally agree to the terms of settlement. This appearance also provides the client the opportunity to inform the judge about any misgivings with respect to his/her legal representation. The client can also advise the judge if the terms of settlement are not clearly understood, or if he/she is being coerced into the settlement and not agreeable to it.

 
Complicated Decisions
Brain injury attorneys should be chosen with care in which a family can assist; but the family members have no right to intervene on behalf of the victim, if they feel proper legal representation is not being provided. However, if it can be demonstrated to the court that the individual is incapable of making an informed decision and is in no position to protect his/her rights, the court might appoint a legal guardian. An alternative is obtaining a ‘power of attorney’ from the victim provided the victim understands the implications and can make a reasoned decision.


If you have suffered a brain injury and you feel someone is legally liable for your injury then you can file a lawsuit and claim compensation. However, the first thing to do after the accident is to contact a personal injury lawyer, who has extensive experience in brain injury lawsuits. Even if the matter has not reached the point of a lawsuit and you are negotiating with the insurance company, or employer, it is essential to consult a lawyer.

Legal Basis of Your Case

When you are holding another person responsible for your brain injury then the legal basis of your case will most probably be negligence of the other party. In order to make your case strong, you should prove that the accident happened in spite of your exercising due care and the other party had failed to act in a reasonable manner or with care. Secondly, the action of the party at fault was the direct cause of your brain injury and the extent of injury is measurable under the law.

Preparation for the Litigation

While preparing for your case an experienced lawyer will ask you how the head injury took place and the details of the accident. You will be asked to recall what happened before, during and after the accident, and the medical treatment you have been undergoing since the accident. If you are unable to recall all the details of the accident, it is okay, as it is common for head injury victims to suffer some memory loss.

Being Straightforward

However, be very honest with your lawyer, and try to piece together all the details of the event by gathering information from accident reports, and statements of witnesses who were present at the time of the accident. Secondly, do not be in a hurry to claim compensation, as symptoms of brain injuries take time to show up fully, and the treatment takes time as well. The latter point is you may not properly assess what your treatment is going to cost you over the years accurately if you make a financial judgment too quickly. 


There are mainly two defenses used for Traumatic Brain Injury (TBI) claims. One is that the victim has not suffered a brain injury and the second defense is that the accident was not the proximate cause of TBI. In the first defense that tries to negate the injury itself, the defense lawyer will try to produce expert witnesses such as neurologists, neuropsychologists, and psychiatrists who will try to show the court that the victim has not sustained any brain injury.

Not Telling the Truth

In such an approach the defense lawyer will then go on to allege that the plaintiff is exaggerating the injuries to obtain more compensation, or the problems cited by the plaintiff result from emotional or psychological condition.

Nothing New

In the second defense strategy, the defense lawyer will try to establish that the victim had a preexisting condition that is producing the symptoms, and therefore the accident was not the cause of TBI. Usually, in vehicle accident the defense will mainly attempt to establish that the collision had only a minor impact and therefore it could not have caused TBI.

Added to It

To counter such defenses, it is critical to obtain a comprehensive medical history of the client. Usually, most people focus on the current records, but the records predating the accident are also prudent. From such previous records, it will become quite clear if the person suffered from a previous condition. If the victim had a previous condition then the lawyer will have to design a strategy that will show how the accident has aggravated the existing condition, making it worse.

Credible Help to Bolster a Case

The plaintiff’s lawyer will also have to bring in expert witnesses or the current doctors who are treating the victim, to show the court, that the victim is indeed suffering from TBI and the symptoms are not connected to any emotional problems, and the plaintiff is not exaggerating the condition.

 

Traumatic brain injury is one of the most serious injuries, and requires immediate care, long-term treatment, therapy, and rehabilitation, which can be very costly. The quality of initial and long-term care will largely depend on the availability of funds, and a skilled and experienced lawyer will be able to find you the required finances and quality medical care. When the victim has suffered a traumatic brain injury, most insurance companies will limit the coverage or even deny the required amount for long-term care.

Fighting the Good Fight

The limitation imposed on coverage is often open to various interpretations, and insurance companies try to take maximum advantage of such terms. However, a prudent lawyer can help a victim of brain injury find the required financial resources that would be necessary for treatment. The lawyer will be able to negotiate a fair settlement and will use certain procedures to contest the denials.

This is when you need to listen to your attorney. This is not the time for you to be making phone calls to the opposing insurance company and helping with them. Despite what they say, they are not on your side. And when they tell you that they are looking out for your interests they are not. Certainly they may say they have some money for you right now because they do but that is most likely not enough and also not as much as you can acquire if you allow your lawyer to do his or her job. They know the process; they do this for a living. They are your high-value partner who knows how the other side works.

Looking at Your Insurance Company

There are many venues open for recovering initial costs. Apart from filing a liability claim against the person at fault, your lawyer can find out if you meet the financial qualifications for Medicaid. If the injury can be established as being work related, then the costs can be paid through workers compensation insurance. If the person at fault is not insured, or has inadequate insurance and if you have subscribed to underinsured or uninsured provisions in your own auto insurance policy then you can recover the costs from your insurance company.

However, in case of traumatic brain injury, long-term medical costs, rehabilitation, and cost of home care services can be quite substantial. In the liability claim, your lawyer will first try to prove negligence of the other party in the accident, and establish that your brain injury was the direct result of the accident. Your lawyer will also utilize the help of professional “Life care planners” in estimating the future costs, which will be included in the claim.

 

Determining fair compensation for head trauma after an accident is quite difficult, since it can be serious injury to the brain. Traumatic Brain Injury (TBI) is a common injury in collision accidents, and the victim thinks that he or she is aware of the extent of injury. However, in many instances, the possible long-term effects of TBI are ignored and the case is already settled.

Low Hanging Fruit

This is why you do not want to sign any paper work with the opposition until some time passes by and you understand the full effects of what happened. This is another reason why the opposing insurance company is real quick to dangle $2,000 or $12,000, for example, at you which represents some ready cash. This may bolster your finances for a couple of weeks, or a month, but if your injuries turn out to be worse - that type of money is not even close the amount you will need.

TBI is often overlooked following a serious car accident, when the symptoms surface much later. However, TBI can seriously affect mental capacity, working ability, and the quality of life of the victim. Brain injuries can be mild or serious. Usually, TBI is considered mild when the victim loses consciousness for less than half an hour. However, even with mild TBI, victims can experience the symptoms for up to a year or more. Here are certain symptoms that might indicate you are suffering from TBI.

Symptoms of Mild TBI

  • Mood changes and violent outbursts
  • Depression
  • Problem coordinating
  • Excess sleep
  • Loss of memory
  • Cannot formulate sentences or thoughts easily
  • Sensitivity to sounds or light
  • Loss of smell
  • Seizures
  • Nausea

Symptoms of Moderate to Serious TBI

  • Consistent depression
  • Regular bouts of vomiting or nausea
  • Difficulty in walking or speaking
  • Being in a confused state
  • Pupils dilated in both or one eye
  • Clear fluid coming out of the ears or nose
  • Being constantly irritable or having combative behavior
  • Severe Health Costs

If you suspect that you may have suffered TBI after an accident, it is important that you consult medical experts. For arriving at the right compensation, you will have to consult an experienced personal injury attorney who has handled cases of brain injury before. Calculating damages is very tricky, since the injury has long-term effects, which can instigate themselves at anytime in the future.

Find a trusted law firm that will be there to walk you through the entire process.