Sustaining a brain injury in an accident can be a life-altering event. When accident claims involve a more severe type of injury, it is essential to work with an experienced brain injury lawyer who understands the challenges of presenting such cases on behalf of an injured client. As a lawyer who works with brain injury victims, I am aware that personal injury claims involving a brain injury can be particularly difficult to handle for a number of reasons and offer the following insight and suggestions.
Proving a Brain Injury Exists
One of the most important parts of dealing with a brain injury case is proving that this type of injury actually exists. This may involve getting help from qualified doctors and hospitals to show that such an injury does exist, even if preliminary testing came back negative. We know more about the brain today than ever before, including the damage it can suffer in various types of trauma. Thanks to newer, more sophisticated technology now available for diagnosing brain injuries, proving that an injury exists is less difficult than in the past.
Difficulties can arise when symptoms exist that cannot be supported by test results. Insurance companies tend to assume that any current symptoms are either made up or due to pre-existing issues. If you face these circumstances, it is especially important to work with an attorney experienced with brain injury cases who can clearly demonstrate to insurance companies, judges, or juries the true extent of your injuries.
Understanding the Results of Brain Injury
Traumatic brain injury (TBI) can cause various symptoms, from mild to severe. Even milder symptoms that are expected to resolve can take a long time to heal. Frontal lobe injuries in particular can lead to long-lasting symptoms, such as depression, social problems, difficulty making decisions, and more. These symptoms may resolve over time or could become permanent.
Another important consideration is loss of cognitive reserve, a term used to describe losing part of the brain’s natural protective nature against aging and dementia as well as any future brain injury. Once that ‘reserve’ is lost, it cannot be regained, leaving an injured person vulnerable to long-term or even permanent symptoms after a TBI. All of this must be taken into account when making an injury claim that includes brain injury and is often overlooked in settlement negotiations.
As a lawyer who is experienced with helping brain injury accident victims, I know the importance of fighting for a reasonable settlement on behalf of my clients who may face a future affected by a traumatic brain injury.
As an experienced brain injury lawyer, I recognize that brain injuries are difficult for an individual to deal with on a personal, physical, and legal level. Because these types of injury cases can be complicated and end up in long-term litigation, anyone with TBI should seek the assistance of an experienced brain injury lawyer.
Pofahl Law Firm, P.C.
3736 Eubank Blvd. NE Suite D
Albuquerque NM 87111