Traumatic Brain Injuries
A traumatic brain injury (TBI) is internal damage from a blow or violent movement of the head. These injuries occur in falls, automobile/motorcycle accidents, assaults, and in what are called – “struck by” accidents. A struck by accident is when anything hits the head, like falling construction debris.
Concussion is a type of traumatic brain injury that is also on the rise, especially in sports.
One of the difficulties with many traumatic brain injuries is that the damage may not be obvious and may take some time to develop. This can make diagnosis difficult, and patients may delay seeking medical care, thinking they are not seriously hurt.
Current thinking is that any blow to the head, especially with loss of consciousness, requires an examination by a doctor. This is true as well for automobile accidents, where documentation of injury can impact claims and settlements. Even if an initial examination doesn’t show TBI, it can still be useful as a baseline if trouble develops later.
Do I have a case?
Not all brain injury cases merit a lawsuit, however many do. You will have to demonstrate that the injury was caused by negligence and that there is, in fact, injury. You will be required to sumbit medical records, be open to further testing and the value of the extent of the damage needs to be assessed.
If you would like us to make an initial evaluation, submit an inquiry here. Solomon Neuhardt is an experienced slip and fall lawyer who can look over the circumstances and suggest options. There is no charge or obligation for this service.
What are the elements in a traumatic brain injury case?
There are two essential elements. A traumatic brain injury lawyer will seek to prove there was damage to the victim and secondly, that the damage was caused by the negligence or mistake of another.
Medical treatment and documentation will establish the injury. Most attorneys will ask you to submit medical records and may even seek a second opinion or further testing. MRI scans and neurological exams are very helpful. Validating the extent of the damage will set the amount a lawsuit seeks, because part of the suit will be to recover current and future medical costs.
The second element, showing fault, is similar to other types of insurance claims. It is important to note that even if the victim was partially at fault, there may still be grounds to sue. Only a qualified brain injury attorney can evaluate the merits of any particular case and help you decide if you should proceed.
More information on TBI can be found in the FAQ and this blog post on concussion injuries.
Why is a lawyer needed?
Traumatic brain injury claims are complex by their very nature. It can be argued that symptoms are not clear and the consequences unpredictable.
A brain injury can cause lifelong disability and be very expensive for an insurance company to pay off. This gives them an incentive to fight. At Neuhardt Law, we use medical experts and our experience with brain injury cases to fight back.
Solomon Neuhardt’s goal is to get a full, fair settlement for all his clients. A settlement closes the books and the matter cannot be revisited later. Accepting anything less than what you are due can mean financial hardship later. One of the best reasons to hire Neuhardt Law for your brain injury case is that when an insurance company knows you have solid backing, they will stop trying to trick their way out of fair compensation. They know that settlements are three times greater on average when an attorney is involved.
Neuhardt Law is located in Billings, Montana. Solomon Neuhardt can look over the facts in your case and give you an opinion about how to proceed. Not all cases merit a lawsuit.
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Neuhardt Law Firm, P.C.
945 Broadwater Square
Billings, Montana 59101
P.O. Box 2275
Billings, Montana 59103
Phone: 406-294-9540
Fax: 406-656-3044
Toll Free: 888-820-3346
E-mail: info@mtaccidentattorney.com
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