Home Health Traumatic Brain Injuries: Legal Considerations and Your Rights

Traumatic Brain Injuries: Legal Considerations and Your Rights

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According to Statista.com, approximately 68,665 cases of traumatic brain injury (TBI) occurred in the United States in 2023. Unexpected events like car accidents, workplace injuries, sports collisions, or falls can cause a TBI. Some TBIs can cause lifetime impairments.

According to a Long Beach traumatic brain injury lawyer, it is advised to consult a lawyer specializing in TBI cases if you plan to take legal action for the injury. They can collaborate with medical professionals to create a solid case that clearly shows how your injury affects your life.

In this article, you will learn the rights of a TBI victim and the legal issues associated with TBIs.

Understanding Traumatic Brain Injuries

TBI is one of the worst things that can happen. It can influence one’s thoughts, feelings, and daily routine. TBI can cause headaches, memory problems, mood swings, and concentration issues. 

TBI developments can range from mild to severe, and they form arbitrary subscales. Even a mild TBI can cause long-term problems if not properly evaluated by a medical professional. The physical and cognitive issues that accompany moderate and severe TBIs require intensive rehabilitation and support.

Recognizing TBI symptoms is important. Early treatment can improve symptom management and recovery. Acting quickly on these TBI symptoms helps to avoid further medical complications. 

Legal Rights of TBI Victims

Personal injury lawyer Lyndon R. Helton says you have the right to file a personal injury claim if another person’s negligence caused the TBI. The claim will cover costs and provide compensation for your recovery and future.

Another right of TBI victims is the right to legal counsel. A skilled lawyer can assist victims in handling the legal system and receiving adequate compensation. 

Dealing with Insurance Claims

Gather relevant medical records, treatment plans, and bills to support your claim and demonstrate your injuries.

Immediately inform your insurance company following a TBI incident. Provide specific details about the event and injuries. Make a list of everything, from times and dates to the names of the people you speak with.

Don’t hesitate to clear up any confusion you might have with your insurance coverage and benefits. Expect insurance adjusters to minimize your claim. 

Submit the claim and supporting documents immediately and follow up regularly to stay informed.

If your claim was denied or underpaid, you can hire a lawyer to help you contest the decision.

Filing a Personal Injury Lawsuit

A lawsuit would require you to present hospital records, accident reports, and witness statements to show the extent of your injuries. 

Document how the injury affected your daily life, work, and health. 

Study state-specific statutes of limitations to know how much time you have to file a case. Failure to meet this deadline can jeopardize your claim. 

The defendant may file an affirmative defense to deny full liability. Negotiation is important since many personal injury cases are settled before trial. 

Finding the Right Legal Support

Getting the right legal help is critical in traumatic brain injury cases. These cases are often complex and require multiple pieces of evidence to prove a claim. 

Make a list of potential legal candidates. Get reviews and testimonials from their other cases. Schedule consultations with those who have made the shortlist. During consultative interviews, observe their communication style and assess how the lawyer handles your concern. 

Ask what legal strategies your lawyer plans to use for your case. Be aware of a lawyer’s payment structure, including whether they are paid by the hour or at fixed rates. 

As payments are always exclusive, make sure you understand their payment structure and any costs. 

Having a legal representative by your side allows you to focus on rehabilitation and helps secure a favorable outcome for your case.