What Is Traumatic Brain Injury?
Traumatic brain injury (TBI), otherwise known as intracranial injury, happens whenever a force, be it external or internal, damages the brain. We can’t talk about how to seek compensation for TBI without discussing what brain injury entails. TBI can actually be classifies based on mechanism, severity, or other features such as the area of occurrence. In traumatic brain injury, brain function is either permanently or temporarily impaired and the damage may or may not be detectable by the existing technology.
Effects Of Traumatic Brain Injury
Many people may not really be aware of the extent and scope of intracranial injury. It’s even possible for the medical team to initially miss the injury while battling to save the victim’s life. Some of the mild effects of intracranial injury include momentary loss of consciousness for a few minutes, disorientation, headache, memory problems, mood swings, attention deficits, and frustration. Even though these effects are termed “mild”, their effects on the victim and his/her family can be catastrophic. More severe effects of the intracranial injury are a loss of consciousness for more than thirty minutes and memory loss for more than a whole day. Other effects include coma, loss of vision, seizures, physical paralysis, menstrual difficulties, chronic pain, uncontrolled movements of the major muscle systems, vertigo etc.
Causes Of TBI
According to the data obtained from the United States Centers for Disease Control and Prevention, there are approximately one and a half million people in the US who suffer from brain injury annually. In actual fact, causes of brain injury are many. However, the 3 major causes are car accidents, falls, and firearms. Other causes of brain injury are tumors, infections, stroke, hypoxia, toxic chemicals, sports injuries, assaults from domestic fights, industrial accidents etc. Unlike other injuries, it may take long years for a victim of an intracranial injury to recover. Many don’t even recover from it.
Settlement For TBI
Unfortunately, many victims of brain injury don’t receive, and may never receive, an adequate average settlement for traumatic brain injury because they don’t seek proper legal advice and representation. A lawyer representing a victim and his/her family in an intracranial injury case should be qualified, experienced and possess adequate knowledge and expertise in this area of litigation.
Lawyer’s Responsibility To A Client In A Brain Injury Case
All states of the US have ethical rules and guidelines guiding the conduct of attorneys with respect to their clients. The attorney-client relationship is controlled by these rules.These ethical rules also impose obligations on the lawyer. The rules seek to protect the client’s rights under the law. However, the attorney can decline to represent a client in issues he/she doesn’t possess sufficient knowledge.
Right To Information
Everything pertaining to the settlement case must be explained to the client. Before a client gives his/her consent to a settlement, the terms of the settlement must be made available and fully explained to the client. The client has a right to ask questions about the terms of the settlement. The attorney is obliged to explain these till all doubts are cleared in the mind of the client. The litigant has a right to make an appearance before the judge to formally give consent to the terms of the settlement. The litigant can use the appearance to also inform the court about his misgivings or otherwise, with his/her legal representation. The client can further state whether or not he/she is just being coerced or forced into the agreement or not.
Family can assist the victim to choose an attorney. However, the family members possess no right to intervene on behalf of the victim, if they aren’t satisfied with the legal representation provided by the attorney. On the other hand, the family can demonstrate to the court that the victim is not capable of making an informed decision. In such a case, the court may appoint a legal guardian for the victim. Alternatively, the family can obtain a ‘power of attorney’ from the victim provided he/she can make an informed decision.
Claiming Settlement For A TBI
If you have suffered from brain injury and you feel that someone is legally responsible for the injury then, you can file a lawsuit to claim compensation from the person. However, don’t rush to make claims. Seek legal counsel. Even if the matter won’t reach the court and you are just negotiating for compensation from your employer or the insurance company, it’s advisable to consult a lawyer.
If you are holding another person accountable for your injury then, the legal basis of your litigation will be the negligence of the other party. You should prove that the injury occurred in spite of you taking extra care and that the other party had failed to act with care. Again, the action of the other party at fault was responsible for your injury and the extent is measurable in court. Press this claim.
Consult A Specialist
Lastly, if you or any of your family members has suffered a traumatic brain injury, you should promptly consult an experienced and competent brain injury lawyer to obtain your settlement. Brain injury settlement cases are complicated cases that require the expertise of specialized lawyers. Consult an expert. Don’t suffer alone!!! Click here to learn about the mesothelioma death settlement.