Lawyer for Brain Injuries in Elizabethtown

Have You Suffered from a Brain Injury?

Brain injuries are among the most common consequences of a personal injury. The effects can be devastating for both the victim and family members, as the person with the brain injury will often suffer from cognitive problems, loss of independence, decreased motor skills, and personality changes. If the brain injury you or a loved one has suffered was due to someone else’s negligence, you should file a personal injury claim to receive compensation. You’re more likely to be successful in Elizabethtown if you have support from a personal injury attorney who has experience handling brain injury cases.

How Do Brain Injuries Occur?

You can suffer a brain injury from any type of accident that causes a blow to the head or whiplash. In the least severe cases, brain injuries manifest as concussion, whereas the most serious are fatal. A wide range of accidents can cause brain injuries, including:

• Motor vehicle accidents, involving a car, truck, motorcycle, or bus.
• Slip and fall accidents.
• Accidents at the workplace due to negligence like unsafe working conditions or inadequate training. Unintentional blunt trauma is especially common and can occur if a heavy object falls from a height.
• Assault.
• Medical malpractice, such as neglecting to monitor a patient or unintentional oxygen deprivation.

Any of the above can result in two types of brain injury. The most common type is a closed head injury, which means there is no damage to the skull. Nonetheless, these injuries can be serious, leading to concussion, pressure on the brain, or a brain bleed. The other type is a penetrating head injury. This is when an object or surface fractures the skull. Fragments of the skull or a projectile may drive into the brain.

What Damages Should You Seek to Recover?

It’s crucial to receive compensation to cover all the medical care you’ve already received and for what you’ll need in the future. This could include the ambulance after your accident, ongoing doctor’s appointments, diagnostics, physical therapy, speech therapy, and psychiatric care.

In addition, you may be entitled to compensation for the income you lost due to the accident and loss of future earnings due to a reduced capacity to work. You may also be able to claim for economic damages like home modifications and support with daily tasks like driving and meal preparation.

You could also receive non-economic damages, particularly if you suffered severe pain and mental anguish. Compensation for physical pain is covered by pain and suffering damages, whereas psychological pain is covered by emotional distress. You may also receive damages for humiliation, injury to reputation, and loss of life’s enjoyment. Lastly, if you lost a loved one to a brain injury or if your partner is unable to be intimate or provide you with moral support, you could receive damages for loss of consortium and loss of companionship.

Why You Need a Lawyer

No matter the reason for your injury, the insurance company of the person you claim was at fault will likely attempt to put the blame on you. To minimize your payout, the insurance adjuster will say that you are at least partially at fault for the accident. An attorney with experience handling brain injury claims is invaluable: your legal team can present the necessary evidence to show that you were not at fault.

Furthermore, the insurance company will typically assert that there is no conclusive evidence that the accident was caused by a brain injury. This is particularly likely if you have a negative MRI due to the scan missing a microscopic lesion or neuronal damage, despite your neurologist diagnosing a brain injury based on clinical signs. When you have a legal team representing you, your attorney can work with your neurologist to prove conclusively that you do have a brain injury.

Another tactic that insurance adjusters use to pay less in compensation is to declare that your injuries are less severe than you are claiming. They may base this on the symptoms you experience immediately after the accident. For instance, if you are currently only experiencing mild memory loss, the insurance company may say that you will recover soon and only require compensation to cover the medical bills you have already incurred. However, the fact is that even minor accidents can lead to serious injuries that result in long-term effects. You may have symptoms ranging anywhere from regular headaches, dizziness, and neck pain to chronic disabilities.

To ensure you receive the maximum compensation, choose an attorney who specializes in representing clients with brain injuries. Schedule a free consultation at the Fleck Firm at our offices in Elizabethtown to discuss your case.

What’s the next step?

If you are looking for an experienced attorney after a recent accident and suspect there may be a brain injury, call The Fleck Firm for a free consultation at (270) 446-7000. Remember, Insurance companies have lawyers. You should have one too.