Brain injury cases are among the most complex and challenging in the field of personal injury law. Victims often face a multitude of obstacles that can complicate the legal process and affect the outcome of their case. A knowledgeable Texas brain injury attorney can provide invaluable assistance in overcoming these challenges. Here’s a look at some of the typical obstacles in brain injury cases and how an experienced personal injury attorney in Texas can help navigate them.
1. Proving the Extent of the Injury
Brain injuries can vary widely in severity and impact, making it difficult to demonstrate the full extent of the injury. Symptoms may not be immediately apparent and can evolve over time, complicating the diagnosis and documentation process. Closed head Injuries can be especially difficult to prove. We suggest getting a SPECT scan to show damage that MRI and CAT scans don’t.
How a Brain Injury Attorney Can Help
A skilled brain injury attorney will:
- Work with medical experts to thoroughly document the head injury and its effects.
- Secure expert testimony to explain the long-term impact and prognosis of the brain injury.
- Collect comprehensive medical records and evidence to present a clear picture of the head injury’s severity.
2. Establishing the Liability of the Brain Injury
Determining who is at fault in a brain injury case can be complex, especially if multiple parties are involved. Proving liability often requires extensive investigation and evidence collection.
How a TBI Attorney Can Help
An experienced brain injury attorney will:
- Conduct a thorough investigation to identify all liable parties.
- Gather and preserve critical evidence, such as car accident reports, workplace accident reports, other accident reports, witness statements, and surveillance footage.
- Utilize expert witnesses, such as car accident, workplace accident, or other type accident reconstructionist, to establish how the brain injury occurred and who is responsible.
3. Dealing with Insurance Companies
Insurance companies often try to minimize payouts or deny claims altogether. They may question the validity of the injury, downplay its severity, or dispute liability.
How a Traumatic Brain Injury Lawyer Can Help
A knowledgeable TBI attorney will:
- Handle all communications with insurance companies to protect your interests.
- Negotiate aggressively to secure fair compensation for your injuries and losses.
- Prepare to take the case to trial if the insurance company refuses to offer a reasonable settlement.
4. Calculating Damages Caused by a Brain Injury
Brain injuries can result in substantial medical expenses, lost wages, long-term care costs, and non-economic damages such as pain and suffering. Accurately calculating these damages is critical but can be challenging due to the injury’s long-term impact. Plus, the long-term complications associated with TBIs include Parkinson’s disease, Alzheimer’s disease, dementia pugilistica, and posttraumatic epilepsy.
How a Traumatic Brain Injury Attorney Can Help
A competent brain injury attorney will:
- Work with financial experts to assess the full extent of economic damages, including future medical and care costs.
- Evaluate non-economic damages by considering the impact on your quality of life, emotional well-being, and relationships.
- Ensure that all potential damages are accounted for and included in the claim.
5. Navigating Legal Procedures
The legal procedures involved in a brain injury case are complex and can be overwhelming for victims and their families. Missing deadlines or failing to comply with procedural requirements can jeopardize the case.
How a Brain Injury Lawyer Can Help
Seasoned TBI attorneys will:
- Guide you through every step of the legal process, ensuring that all filings and documentation are completed accurately and on time.
- Represent you in court, handle procedural issues, and make strategic decisions to advance your case.
- Provide clear communication and updates so you are always informed about the status of your case.
6. Securing Traumatic Brain Injury Expert Testimony
Expert testimony is often crucial in brain injury cases to establish the injury’s impact, the need for ongoing care, and the financial implications. However, securing credible expert witnesses can be difficult and expensive.
How a Brain Injury Attorney Can Help
A well-connected a brain injury attorney will:
- Have access to a network of reputable medical and financial experts who can provide compelling testimony.
- Coordinate with these experts to ensure their findings are thoroughly prepared and presented in court.
- Use expert testimony to substantiate claims and counter arguments from the defense.
7. Managing Emotional and Psychological Stress from a Brain Injury
The emotional and psychological toll of a brain injury can be overwhelming for victims and their families, making it difficult to focus on the legal aspects of the case.
How a Brain Injury Attorney Can Help
A compassionate brain injury attorney will:
- Provide emotional support and understanding, helping you cope with the stress of the legal process.
- Handle the legal complexities, allowing you to focus on your recovery and well-being.
- Offer resources and referrals to support services, such as counseling and rehabilitation programs.
Brain injury cases present numerous challenges that require specialized knowledge and expertise to overcome. A knowledgeable Texas personal injury attorney can help navigate these obstacles by proving the extent of the injury, establishing liability, dealing with insurance companies, calculating damages, navigating legal procedures, securing expert testimony, and managing emotional stress. If you or a loved one has suffered a brain injury, seeking the assistance of an experienced Texas attorney is crucial to securing the compensation and justice you deserve.