Though most people will deal with some kind of injury in their lifetime, there are few things more devastating than a brain injury. These injuries, unlike many others, have the potential to affect you not only physically, but they can also affect your mental abilities.
At Soloff & Zervanos Personal Injury Attorneys, we are ready to help you through this. Our knowledgeable and experienced catastrophic injury attorneys will work to investigate what happened. We will work to ensure that you receive compensation for all of your injury-related expenses. When you need a Philadelphia traumatic brain injury lawyer, contact us today.
When we talk about traumatic brain injuries, we want you to know that they are not all created equal. When a person breaks an arm, the results and course of treatment are fairly straightforward. However, TBIs are more complicated.
Brain injuries can range from minor (concussions) to severe.
We have all heard of concussions, but you may not realize that there are around 3.8 million sports-related concussions each year in the United States. This number is probably low, as many concussions go unreported. Concussions are common injuries in sports and occur regularly in children and teens who play contact sports.
These injuries must be taken seriously by schools, coaches, and recreational staff. Minor concussions can become major TBIs, as the effects of concussions are cumulative. A player must receive proper medical attention and not be allowed to return to play until they are completely healed. If a coach allows a player with a known concussion to return, they could be held accountable for further injuries.
There are more than 5.3 million people living with disabilities caused by traumatic brain injuries in the US. They have many causes but are primarily the result of:
Traumatic brain injuries can affect a person in many ways, including their physical abilities, cognitive abilities, and emotions. It can be hard to predict how much care a person will need in the immediate aftermath of a brain injury, but the effects of these injuries are often long-term or permanent.
Care for victims of traumatic brain injuries can become incredibly expensive over time. Do you know if insurance will cover the costs? An attorney in Philadelphia could help you secure compensation to pay for the brain damage care.
The long-term impacts of concussion and serious brain injuries vary based on many factors, such as the severity of the trauma, the location of the trauma on the brain, and other individual elements. However, common effects include cognitive, emotional, behavioral, and physical changes, and they can increase the risk of certain diseases. Cognitive consequences may include memory loss, shortened attention span, and judgment issues, while emotional and behavioral symptoms could include depression and impulsivity.
Physical impacts may include dizziness, chronic headaches, visual changes, weakness, and sensory changes. Severe or repeated TBIs increase the risks of developing Alzheimer’s, Parkinson’s, and other forms of dementia or cognitive decline and disabilities. There are also significant and long-term financial repercussions, and the cost of care after suffering a severe TBI can be high. Therefore, holding the liable party financially responsible is essential.
The legal process for obtaining a settlement for a TBI caused by someone else’s negligence is a standard injury claim process. Most cases settle through negotiations, outside of the courtroom, and prompt action to meet the strict deadlines is crucial. Our Philadelphia traumatic brain injury attorney could help gather the essential documents and evidence, such as medical records, witness statements, accident reports, and the proof needed to demonstrate the defendant’s negligence.
The next step would be to file an insurance claim and send a demand letter outlining the plaintiff’s monetary damages, including medical bills, lost wages, future care, and pain and suffering. After the other party receives the demand, negotiations begin. We can handle the communication and negotiations, and if a reasonable settlement amount is not reached, we can handle the legal work required to file a lawsuit in civil court.
There is no standard settlement amount for TBIs or any other personal injury case. Instead, the court compensates based on the severity of injuries and the defendant’s actions leading up to the accident. They typically award damages for economic losses, including financial losses the plaintiff suffers as a result of the negligence and injuries, such as medical bills and ongoing care, and lost salary and benefits.
They aim to return the victim to the financial position they were in before the cause of action and to refund any out-of-pocket losses. The second category, called non-economic damages, consists of subjective losses, which are more challenging to calculate using evidence such as statements.
However, the court recognizes that they still take a significant toll on the lives of people in the aftermath of suffering severe brain damage. The court may compensate for permanent disabilities, psychological and emotional distress, loss of enjoyment in taking part in the activities they did before the accident, and chronic pain and suffering.
Initiating legal action by filing a petition in civil court before the deadline set by the statute of limitations is vital, as missing it could mean losing eligibility to obtain a settlement. The instructions of 42 Pennsylvania Code § 5524 provide that the victim must file the suit within two years of the date of the incident caused by the defendant’s negligence. While there are a few possible exceptions, such as cases involving minors, promptly filing the claim is in the plaintiff’s best interest, as the evidence is still fresh and readily available.
When you have sustained a TBI you may now be facing a range of challenges. At the very least, your injuries will require some form of medical treatment. You may not be prepared to pay for such treatment.
Severe brain injuries can result in the need for lifelong care. They may also prevent you from working and earning an income.
Although such struggles can be overwhelming, you should at least know that you have the right to seek compensation for your medical bills, lost wages, and other such losses if you were injured as a result of someone else’s negligence. Additionally, in Pennsylvania, if you were injured in a car accident or workplace accident, you do not need to prove negligence to justify filing a claim for compensation.
However, the fact that you may technically be eligible to recover compensation does not mean securing what you are owed will be an easy process if you attempt to do so on your own. Strongly consider enlisting the help of a Philadelphia brain trauma lawyer in these circumstances. We can assist you in the following critical ways:
Again, except in special circumstances, you will often need to prove that your accident resulted from another party’s carelessness to demonstrate you have grounds to recover compensation. Gathering the evidence necessary to prove negligence will typically require conducting an investigation.
Investigating your accident may involve such steps as:
Conducting such an investigation may not be a task that you can handle on your own. Luckily, the experts at our law firm have the resources and qualifications necessary to investigate an accident on your behalf.
Pursuing the compensation you may be eligible to recover after an accident that leaves you with a head or brain injury will often involve filing a claim to collect from the negligent party’s insurance carrier.
Insurance companies are not usually motivated to offer victims proper compensation. Like all businesses, the main priority of an insurance company is to maximize its profits and minimize its losses.
An insurance adjuster may attempt to deny your claim if you file it without providing sufficient evidence of negligence. If denying your claim entirely is not an option, an insurance adjuster may nevertheless offer an unreasonably low settlement.
Do not make the mistake of working with the insurance company directly. An attorney will understand how the insurer is likely to respond to your claim. When an insurance company’s initial offers are too low, your lawyer is prepared to negotiate for a more appropriate settlement.
Allowing your lawyer to handle your case will also give you more freedom to focus on your recovery. This is critical in the aftermath of an accident that causes a head or brain injury.
When you or someone you love has experienced a brain injury that was caused by another person’s negligence, please seek legal assistance immediately. At Soloff & Zervanos Personal Injury Attorneys, we understand the complexity of these cases and will work to secure the compensation you deserve. This can include:
This is a challenging time for you and we will not back down as we pursue what you deserve. When you need a Philadelphia traumatic brain injury lawyer, you can contact us.
