5 Things You Need To Know
Brain injury case law could be your greatest ally provided you can prove a brain injury occurred. This is not easy, but with the help of an expert brain injury lawyer, you have good chance to win a litigation case. Before you embark on this journey you need to be aware of the difficulties you might encounter.
Top Five Things You Should Know About a Brain Injury Cases
- Accurate diagnosis– you need to have an accurate diagnosis, which would form the basis of the litigation. Often this is the most powerful tool you have to convince the jury and enjoy protection under brain injury law. To obtain accurate diagnosis, find access to the latest technology such as:
- MRI/ DTI Test (Magnetic Resonance Scanning/ Diffusor Tensor Imaging)that would highlight particularly damage caused to the white matter of the brain.
- MRI/ SWI (Susceptibility Weighted Imaging) that would identify micro-hemorrhages (tiny bleedings) in the brain.
- MRI/ MRS (Magnetic Resonance Spectroscopy) that would identify whether the ratio of the brain molecules is normal post the trauma. This is a relatively new technique, but it is gaining in popularity across the globe quite fast.
- Slow recovery processcan be agonizing – recovery from brain injury cannot be accurately predicted, yet in spite of the ultra-modern equipment available today. This could be anything from 6 weeks for a person who has been diagnosed with ‘mild traumatic brain injury’ to 10 years. Generally, recovery from brain injury:
- Dependent upon the severity of condition
- Is highly dependent upon the rehabilitating efforts administered within the first 6 months after the injury
- In cases of mild TBI (traumatic brain injury) very often the person injured might not be able to recognize that the accident is affects his behavior. In such cases, rehabilitation would depend on the observations and interventions from close friends and/ or relatives. Even so, recovery is slow and very painful.
- Recovery of cognitive (thinking) abilities could drag on for two years or more; while recovery of total motor (movement and reflexes) abilities may take as long as 10 years or more.
- Insurance company tactics– be aware that insurance companies will do anything possible not to pay up; they will try all possible tactics within the limits of the brain injury law.
- They’ll contact the injured person and engage his in a simple conversation, which will be recorded. This would be presented as proof that “there is nothing wrong with this person” since he speaks normally. However, many people suffering from mild TBI can speak as normal as a regular healthy person.
- They’ll go through your thrash to find evidence for any type of illegal drugs usage.
- In case of a car accident, ensure that you keep the car “safe” as evidence. Do not have it crushed. Ensure you get hold of some witnesses; before and after witnesses seem to have the greatest impact on juries – even more than experts.
- Be aware that under the brain injury law, insurance companies could use the information (especially photographs) that you post on social media networks such as Facebook, and other online resources such as blogs, personal websites, etc.
- Incompetent help – the insurance companies will be perpetually on the lookout of any type of irregularity and/or negligence to counter your claim under the brain injury law. One of the most common clauses against the case is that the injured person did not receive competent medical help.
- Return to work or attempt to return to work – most juries appreciate it very much when the person who suffered from brain injury tried to get back to work. The claim is not seen with empathy when the person injured does not attempt to get back to work over a long period of time.
What to Do If You’re Planning to File a Brain Injury Case
One very important factor when you are planning to file a claim is gathering evidence.
- Ensure that you take photographs of the accident site or video-shoot it; if there are local video surveillance cameras, get the footage.
- Get in touch with your lawyer as soon as possible
- Document the incident as accurately as possible
With a little care and the help of a good lawyer you would be able to file and win your claim under the brain injury law. James Avery of Avery Law Firm has 30 years of experience as Denver’s foremost brain injury lawyer including decades of experience working within the framework of legislatively imposed damages caps. The firm is based in Denver, Colorado, with offices in Indiana, and New York. If you have been victim and suffered a brain injury, James Avery can help you get the justice you deserve with little or no risk to you. Contact Avery Law Firm today toll-free at (866) 987-4368.