If your loved one has recently suffered a traumatic brain injury as a result of a vehicle collision, workplace accident or any other incident involving a third party, you might be thinking about consulting an attorney to protect the victim’s rights. Here are three tips that could help you get the best representation possible:
1. Gather Evidence and Documents
Regardless of whether you’ve found a lawyer already or not, it is crucial to start gathering evidence as early in the process as you can. Start a file and begin compiling documents such as:
- Police reports
- Workplace accident reports
- Medical transcripts
- Insurance communication records and policy documents
- Bills, receipts or statements for accident-related expenses
- W2 forms (if wages were lost due to leave of absence)
If you were witness to the incident, make notes of any details you can remember. Photo or video surveillance is also prevalent in many places and situations, and if you can obtain these records, they could be beneficial to your case.
2. Find a Specialist Firm
There are many personal injury law firms, but traumatic brain injury (TBI) cases are highly complex and specialized and may be better represented by an attorney that already has experience in that niche. Accurately presenting a TBI case often involves gathering expert testimony to prove brain damage that occurred on a near-microscopic level, and may not have been visible on the initial diagnostic imaging scans. Also, specialized lawyers typically have the most effective means of compiling the multitude of factors present to place a value on your case, such as medical bills, lost income, future rehabilitation and therapy costs, and punitive damages, if applicable.
3. Act Sooner
After a TBI, the doctors may have told you that it could be months before the true extent of the damage might be known. It is also possible that an insurance adjuster has already contacted you about the incident. Before you agree to anything offered by an insurance company, it might be critical to speak with an attorney first, even if your loved one’s outcome is still unknown. While most insurance companies aren’t operating with malicious intent, they are businesses that need to make money, so the adjuster’s goal is to comb through the incident and look for any detail that could release them from liability. TBI claims can be especially tricky because the symptoms of a brain injury aren’t always immediately present, and the medical evidence doesn’t always show during conventional testing.
Lawyers can generally assist you more in the immediate aftermath of the injury and during the progression of treatment than they could after the fact. If you or your loved one has suffered a traumatic brain injury, contact a specialized attorney, like a brain injury lawyer in Memphis, TN, today.
Thank you to the experts at Darrell Castle & Associates for their insight into brain injuries and the law.