Traumatic brain injuries can be among the most severe injuries an individual can suffer. Sometimes, these injuries cannot be distinguished by the naked eye and require the attention of a medical professional to diagnose. If you have suffered a traumatic brain injury due to the negligence of another, it is important to contact an experienced attorney immediately. The right lawyer can fight for you in a court of law, and assist you in recovering any and all damages you deserve.
Types of Traumatic Brain Injuries
There are different types of traumatic brain injuries. A qualified medical professional will be able to assess the nature and extent of the injury as well as the type of traumatic brain injury sustained by the injured person. Doctors rely upon their knowledge, training and experience in evaluating the patient based upon their objective findings, along with subjective information provided by the patient, in order to diagnose them with a traumatic brain injury or some other form of head trauma.
It is always important for an injured person to be involved in their medical care with their physician. The injured person is aware of how they felt prior to the incident, as well as how they are feeling throughout the course of their recovery and treatment. Therefore, it is best for the injured person to be involved in their medical treatment, understand the issues, and develop a plan of recovery with their physician.
It is important for a personal injury attorney to be familiar with the different types of injuries, including traumatic brain injuries, so that they can understand the issues and be able to communicate these issues to a jury. Juries are often skeptical of traumatic brain injuries because the person may appear to be well and fully functioning. However, it will be the testimony of the expert medical doctor who will attest to the nature and extent of the injuries, the cognitive disabilities sustained by the injured person, and the long-term effects that may occur.
Assessing Damages
Assessing damages is done on a case-by-case basis based on the facts and circumstances of each individual case. Primarily, an attorney will draw upon their experience in handling a similar type of case, in conjunction with any factors of that individual case, in order to provide the client with their opinion of the true and appropriate value for that claim.
Traumatic brain injuries are eligible for both economic and non-economic damages. Economic damages consist primarily of the costs incurred for medical treatment to date, as well as the expert medical witness’s opinion as to the reasonable cost of medical treatment in the future. Economic damages also may include any lost wages or loss of earning capacity. Non-economic damages consist of more subjective complaints, such as pain and suffering, as well as inconvenience.
A qualified and experienced personal injury attorney will understand the nature and extent of the injuries sustained by the injured person along with the opinions expressed by the expert medical witness. The nature and extent of the injury sustained will depend on the facts and circumstances of the individual case, along with the opinions to be expressed by the physician regarding the permanency of any of the injuries sustained.
Relationship with an Attorney
Clients and attorneys work together in order for the attorney to collect all the pertinent information from the client regarding the nature and extent of the injuries, and how the injuries have affected their day-to-day activities. The attorney will also use their knowledge and experience to utilize all this information to evaluate the claim, and to provide the client with a reasonable expectation of value.