Suffering a brain injury that results in long-term disability can be a life-changing event, not only for the individual affected but also for their family and loved ones. Whether the brain injury is caused by a car accident, a slip and fall, a workplace accident, or other events, the road to recovery may be long, and the financial and emotional impact can be overwhelming.
Hiring a lawyer should be a priority. Your San Diego brain injury attorney will ensure you get the care you need, advise you about the path ahead, and handle every step of your case for compensation.
How to Get Treatment and Avoid Worsening a Brain Injury
Recovering from a brain injury requires careful attention to both medical treatment and lifestyle adjustments. Following the proper steps can greatly reduce the risk of further harm and promote healing. You may protect yourself from worsening symptoms and new injury by:
Seeking Immediate Medical Care
The first step in managing any brain injury is ensuring immediate medical attention. Even if the injury seems minor, getting a professional evaluation is essential for assessing the extent of the damage.
- See a doctor immediately to get a professional diagnosis and assessment.
- Get scans (CT or MRI) to check for any internal bleeding or structural damage in the brain.
Prompt medical attention can help identify serious injuries that may not be immediately visible.
Follow Your Doctors' Treatment Plans
Once you've been evaluated, following your doctor's treatment plan is critical to prevent complications and ensure proper recovery. Brain injuries often require a combination of rest and rehabilitation to heal properly.
Adhering to the treatment plan ensures that the brain can heal without further strain, which can help avoid complications.
Limit Physical and Mental Stress
Physical and cognitive stress can impede the healing process and worsen symptoms. It's important to take a break from activities that can strain your brain and body.
Get Plenty of Rest and Sleep
Rest plays a significant role in brain recovery. Without adequate rest, your brain will struggle to heal, leading to prolonged symptoms. This means that you should:
- Prioritize quality sleep—it's during sleep that the brain heals and recharges
- Create a calming environment to promote better rest, such as a quiet, dark room with limited distractions
- Manage your responsibilities to ensure you have time for the sleep you badly need
Good rest can help speed up the healing process and reduce the risk of developing chronic symptoms.
Monitor Symptoms
It's important to keep track of your symptoms during the recovery period. This allows you to identify if the injury is worsening and seek appropriate medical care promptly.
- Track any changes in symptoms like headaches, memory problems, or mood swings
- Seek emergency care if you experience severe symptoms such as confusion, vomiting, or loss of consciousness
Your lawyer will help you document and report any changes in your condition and will help your healthcare team adjust the treatment plan if necessary.
Consider Rehabilitation
Cognitive rehabilitation may be necessary to address any lasting effects of the brain injury, especially if it has impacted memory, speech, or mental function.
- Cognitive rehab therapy can help address lingering symptoms, improve cognitive abilities, and enhance quality of life
- Work with professionals like neuropsychologists or speech therapists to regain lost skills
Rehabilitation provides structured support and can significantly improve the long-term outcome for brain injury victims.
Common Brain Injury Causes That Warrant You Fighting for Compensation
An attorney will ensure you get the medical treatment you need. Experienced brain injury lawyers have valuable relationships with skilled medical providers, and you may benefit directly from those relationships.
Your lawyer's primary responsibility will be to secure the compensation you deserve. You might elect to hire a lawyer after suffering a brain injury from a:
- Car accident: Head impacts with the steering wheel, dashboard, or window can cause brain injuries. Whiplash-related brain trauma can occur even without direct impact. Rollover crashes increase the risk of severe brain trauma.
- Rideshare accident: Sudden impacts due to reckless driving can lead to head injuries. Unrestrained passengers may hit surfaces and suffer brain trauma. Airbag deployment can also cause head injuries.
- Slip and fall: Hitting the head on hard surfaces can result in brain damage. Falls in stores, workplaces, or public places often lead to concussions. Elderly individuals are at higher risk of fall-related brain trauma.
- Workplace accident: Falling objects striking the head can cause traumatic brain injuries. Slips, trips, and falls in hazardous work environments can lead to serious head trauma. Explosions or machinery malfunctions may result in severe brain injuries.
- Medical malpractice: Surgical errors leading to oxygen deprivation can cause anoxic brain injuries. Misdiagnosed strokes or brain infections may result in permanent damage. Birth injuries can cause brain trauma due to improper delivery techniques.
- Physical assault: Blunt force trauma from attacks can lead to brain injuries. Domestic violence incidents may cause brain swelling or internal bleeding. Severe impacts can result in long-term cognitive impairments.
- Defective product: Faulty helmets, airbags, or safety gear may fail to protect against brain injuries. Dangerous pharmaceuticals can cause brain damage due to adverse reactions. Poorly designed safety equipment can increase the risk of head trauma.
If you suffered a brain injury and believe someone else is at fault, contact an attorney as soon as possible.
Lawyers' Consultations Are Free (and Valuable), So Use Yours Wisely
A free consultation with a brain injury lawyer is an excellent opportunity to evaluate the attorney and understand your legal options. Here's how to make the most of it:
- Prepare Your Case Information
Bring medical records, accident reports, and any supporting evidence (e.g., witness statements, insurance details) to give the lawyer a clear picture of your case.
- Ask Key Questions
Prepare questions about the legal process, potential compensation, timeline, and the lawyer's experience with similar cases.
- Discuss Fees
Clarify the fee structure (usually contingency-based) and additional costs that may arise during the case.
- Assess Communication and Comfort
Gauge how well the lawyer listens and explains the process. Do you feel comfortable working with them?
- Make an Informed Decision
After the consultation, review the information and decide if this lawyer is the right fit for your case.
How to Select the Right Lawyer for a Brain Injury Case
Free consultations are an important resource when choosing a lawyer. That being said, you should also use a specific set of criteria to choose your lawyer, and that criteria may include:
- Experience with brain injury cases: It's important to hire an attorney with specific experience handling brain injury claims, as these cases require unique legal and medical knowledge.
- Their track record: Find out how long the lawyer has been practicing and ask about their track record with brain injury cases. A solid history of winning similar cases is a good indicator of competence.
- Their fee structure: Most brain injury lawyers work on a contingency basis, meaning they only get paid if you win. Ensure you understand any potential additional costs before proceeding.
Don't ignore your instincts. Choose a lawyer who makes you feel confident and comfortable, as their involvement will be critical throughout the process.
How a Brain Injury Attorney Will Fight for Your Full Financial Recovery
Suffering a brain injury can be life-altering, affecting not only your health but also your ability to earn a living and enjoy daily activities. A skilled brain injury attorney will take steps to ensure that you receive proper compensation for the damages caused by your injury. Here's how they help:
The process begins with the investigation of the incident that caused your injury. Your attorney will gather all necessary information to build your case, including:
- Accident reports detailing the circumstances of the injury
- Medical records to assess the extent of your injury and treatment history
- Witness statements that provide further insight into what happened
- Expert opinions from medical professionals to confirm the severity of the injury
Once the investigation is complete, your attorney will focus on calculating the damages you've suffered. This includes a wide range of financial and non-financial losses.
Next, your lawyer will work with insurance companies to negotiate a fair settlement. This often involves:
- Communicating with the insurance company to discuss coverage
- Submitting a demand letter outlining your injuries and required compensation
- Negotiating for a higher settlement if the initial offer is too low
If a fair settlement does not come to be, your attorney will file a lawsuit and take your case to court. This step involves:
- Preparing legal documents to formally file the lawsuit
- Gathering additional evidence to support your case, including expert testimony
- Representing you in court, where they'll argue your case before a judge and jury
In cases of extreme negligence, your attorney may also seek punitive damages, which are meant to:
- Punish the defendant for particularly reckless or malicious behavior
- Deter future harmful actions by others in similar circumstances
A brain injury lawyer will manage all aspects of your case, from investigation to settlement or trial, ensuring that your legal rights are protected and that you are not taken advantage of during the process.
With the help of a qualified attorney, you can focus on healing while they focus on securing the financial recovery you need.
Recoverable Damages in Your Brain Injury Case
A disabling injury will be costly. The question is how exactly the injury will impact your life. Your attorney will answer that question and may determine that you deserve compensation for:
Medical Costs
One of the most significant areas of compensation involves covering the cost of medical care. Brain injuries often require extensive treatment, including hospital stays, surgeries, and ongoing therapy. Compensation should cover any:
- Hospital stays, surgeries, and rehabilitation to treat the injury immediately after the accident and throughout recovery
- Medications and assistive devices needed to help manage the injury's effects, such as painkillers, prosthetics, or specialized equipment
- Ongoing medical treatment for long-term care, such as therapy or future surgeries, if the injury results in lasting effects (like long-term disability)
If you have any other medical needs, your lawyer will include your care costs in their case valuation.
Professional Damages
A disabling brain injury can leave the victim unable to work for extended periods or even permanently. Compensation for lost income helps replace income during the recovery process and beyond. This includes:
- Income lost during the period of recovery when the victim cannot work.
- Future lost earning capacity if the injury affects the victim's ability to perform their job or return to their previous career
- Any other professional harm related to the injury
Trust your attorney to identify the cost of all professional damages resulting from the brain injury.
Pain and Suffering
In addition to financial losses, brain injury victims experience significant emotional and physical suffering. Compensation can address these non-economic damages, including psychological distress, emotional anguish, Physical pain, and lost quality of life.
Brain injuries can cause mood and personality changes, as well as many other challenges that qualify as pain and suffering. Your lawyer will consult a qualified mental health service provider to document all your pain and suffering.
The Cost of Disability (Including All Long-Term Care)
In cases where a brain injury results in permanent disability or a need for ongoing care, additional compensation is available to help with long-term needs. This may include:
- Costs for personal care or in-home assistance if the victim requires help with daily tasks such as eating, bathing, or dressing
- Housing costs, if your injury prevents you from supporting yourself financially
- Medical equipment costs
A permanent disability may impact the victim's mobility, cognitive function, or emotional well-being. Your brain injury might also affect how you navigate your living environment. Your attorney will account for all of these realities as they fight for the compensation you deserve.
Hire Your Brain Injury Attorney Today
Do not wait to hire a San Diego personal injury lawyer. A long-term disability is always expensive, especially when you account for non-economic damages. Allowing your lawyer to get started today so they don't miss any deadlines (and have the time necessary to build a successful case).
Take advantage of those free consultations. Find your lawyer today.
Ashley Rae Rawlins
Founder and CEO - Rawlins Law Accident & Injury Attorneys, APC
Personal Injury Attorney
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