Having a trial experienced personal injury Lawyer can make a significant difference in your case involving a traumatic brain injury (TBI) for several reasons:
Traumatic brain injury cases are our expertise not just an area of practice: Brain injury cases are complex and difficult to prove, requiring not only knowledge of the law but also an understanding of brain injuries, their causes, and the long-term consequences. Our experienced lawyers understand these different aspects of a TBI case because we’ve fought—and won—these cases before. Read more on our Trial Report Card. Read more on Wasylyk vs County of Simcoe.
Legal representation in court - from start to verdict: If your case goes to trial, having a trial Lawyer ensures that you have the right representation in court. We believe the true measure of a brain injury Lawyer is trial experience and that is the representation you need on your team. Trial Injury Lawyers will build your case to succeed and only pursue fair compensation for you and your family.
A brain injury lawyer who understands the medical and financial implications: A Traumatic brain Injury often involves complex medical issues and significant long-term care needs. A personal injury Lawyer with the experience can work with medical experts to accurately assess the extent of your injury, including its impact on your future well-being and ability to work. This helps in calculating appropriate compensation for medical expenses, lost wages, and pain and suffering.
Understanding the Severity of Brain Injury
Mild Traumatic Brain Injury
This is the least severe of the three classifications and is often referred to as a mild traumatic brain injury or a concussion. Diagnosis typically involves evaluating factors such as whether you experienced loss of consciousness, had difficulty remembering events before or after the incident, or had a change in mental state at the time of the accident. Medical professionals may also use tests like the Glasgow Coma Scale (GCS). It is important to note that a mild traumatic brain injury may be present even if imaging results are normal.
Moderate Traumatic Brain Injury
For a moderate brain injury classification, doctors will consider the criteria for mild brain injury, along with additional factors such as: whether you were hospitalized for more than 2 days, if your amnesia lasted between 1 and 7 days, whether your GCS score is between 9 and 12, and if there are any operative intracranial lesions or abnormal brain imaging findings. Even if imaging does not show abnormalities, you may still be diagnosed with a moderate traumatic brain injury.
Severe Traumatic Brain Injury
A severe brain injury is classified based on criteria that include positive imaging results, a loss of consciousness lasting more than 24 hours, amnesia extending beyond 7 days, and a GCS score below 9. It is important to remember that a severe traumatic brain injury can be diagnosed even in the absence of positive imaging results.
Building your Traumatic Brain Injury Case and Damages That Can be Recovered
Unfortunately, not all clients who suffer from brain injuries are able to make a full recovery. As a result, they often face the challenge of securing their financial stability, accessing the necessary professional services, and maintaining a life of dignity and independence. These individuals may also seek appropriate compensation for their pain and suffering. Boland Romaine’s experienced personal injury Lawyers understand that cases involving brain injuries require meticulous attention, substantial resources, and a skilled team to achieve a successful outcome. Key elements for essential litigation success in these complex cases may include:
Gather evidence: it is important that all of the evidence necessary to support the claim be gathered as soon as possible. Collecting documents and communications related to medical treatment, character witness statements, and other compelling evidence can be crucial to making a successful case.
Interviews: it is our job to collect information from anyone who may be able to attest to your injury and its surrounding events. This may include witnesses, people who know the defendant, and yourself.
Prepare witnesses: when preparing witnesses for a traumatic brain injury case, it is important to remember that no two cases are the same. Each witness should receive individual attention to make sure they understand what is expected of them and have the support needed during their testimony.
Comprehensive medical evaluation: ensuring that all aspects of the brain injury are thoroughly assessed by medical professionals to accurately document the extent of the damage and its impact on the client’s life.
Having medical experts examine and analyze your medical records: engaging medical experts, neurologists, and vocational experts who can provide credible and detailed testimony about the injury’s effects and long-term prognosis.
Present your case: once we’ve compiled evidence and testimony, we’ll combine them with our legal expertise in order to aggressively advocate for you in the courtroom. We’ll anticipate the defendant’s defenses and excuses and present the facts, helping you receive the compensation you deserve.
By addressing these critical components, Our traumatic brain injury lawyers can help ensure that clients with brain injuries receive the support and compensation they need to lead fulfilling lives despite their challenges.
Legal Options for Brain Injury Victims
Our trusted brain injury and concussion Lawyers will work with you to understand the accident, your injury, and your circumstances. We have you covered every step of the way, and we will work towards recovering compensation for the following:
Current and future medical expenses
Lost income, as well as compensation for temporary or permanent loss of income or diminished earning capacity
Temporary or permanent in-home care by a nurse or other medical care professional
Pain and suffering and decreased quality of life
Seeking Medical Attention for Brain Injuries and Concussions
Regardless of whether you are considering a legal claim for a brain injury, obtaining medical attention is essential for your overall health and recovery. Medical professionals are equipped to offer the proper guidance, diagnostic assessments, and treatments you need. Here are some key points to keep in mind:
Importance of professional evaluation: Even if symptoms appear minor at first, they should never be overlooked. Mild concussions can sometimes conceal serious underlying issues. It's vital to consult a specialist in brain injuries and concussions for an accurate diagnosis.
Diagnostic procedures and imaging techniques: To assess the severity of your injury and identify any potential complications, medical professionals may use various diagnostic tools. These can include neurological exams, cognitive assessments, and imaging techniques such as CT scans and MRIs.
Collaboration with healthcare professionals: Addressing brain injuries and concussions often requires a team approach. Neurologists, neuropsychologists, and other specialists may be involved in your care. Working with these experts ensures a comprehensive treatment plan tailored to your specific needs.
Monitoring and follow-Up care: After your initial evaluation, your healthcare team will provide instructions for monitoring symptoms, recognizing warning signs, and attending follow-up appointments. Regular check-ups are crucial for tracking your recovery, managing any emerging issues, and adjusting your treatment plan as needed.
Medical and Rehabilitation Benefits for Our Clients
Our experienced personal injury Lawyers will ensure they get you access to the medical and rehabilitation benefits available. This will include making sure that the proper benefits classification is given to you whether it be catastrophic or non-catastrophic under the accident (no fault) benefit system. This is a complicated area of the law and does require a lawyer's knowledge, experience, and the necessary expert funding to succeed.
Accessing Best Rehab Team for Our Clients
Getting better from a brain injury is not only dependent on having the right Lawyer to get you the funding you need, but it also means introducing you to the best possible rehabilitation professionals experienced in brain injury. This may include occupational therapists, speech language pathologists, neuropsychologists, social workers, rehabilitation therapists, etc. It also means ensuring you see respected medical professionals such as neurologists, neuropsychiatrists, and others.
When It’s Your Life, Don’t Settle
When other personal injury lawyers choose the easiest path and settle, we stay the course and fight for what your case is truly worth based on the injuries and losses you have suffered.
Your Future is Worth Fighting for
We know every injury is personal. Behind every injury is a story of loss or a change that can be a career put on hold; a family thrown into financial distress; dashed dreams. For more than four decades, our Personal Injury Trial Lawyers have worked one-on-one with clients to successfully secure millions of dollars in compensation for their injuries and other losses by going to trial. Because we want to fight to restore a life for you and your family.
Comprehensive Analysis Means Understanding What Aspects of Your life You Need to Get Back
A Lawyer experienced in cases involving traumatic brain injuries will know how to help move you down the road to recovery. They will achieve this by accessing resources, introducing you to experienced rehabilitation professionals, and understanding what aspects of your life you need to get back and fight for you till the end.
Our brain injury lawyer knows exactly how to build a strong case and will help guide you through the process. We will advise you on the most relevant evidence to include in order to show how your injury has affected your life.
Building a strong case means we will:
find and talk to witnesses who saw the accident and can testify on your behalf
gather the police reports and accident reports from the event
Prove liability
Have medical experts examine and analyze your medical records
calculate your damages
A Boland Romaine brain injury lawyer will plan out your case using all the information available and present it in the best way possible. This gives you peace of mind throughout the process that you will have the best chance at receiving fair compensation.
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