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“What is brain injury?”

Most brain injuries that lead to lawsuits are some type of traumatic brain injury (TBI), usually from a violent blow or jolt to the head, but sometimes from an object penetrating the skull, such as a bullet. Half of traumatic brain injuries in America are due to motor vehicle accidents.

“Closed-head trauma” is when the head strikes something or is violently shaken (as in “whiplash”). The brain bangs back and forth within the skull, causing cell damage and swelling.

“Open-head trauma” is when the skull is actually pierced or broken, and brain tissue is bruised or torn by either a foreign object or from fragments of the skull itself.

Mild traumatic brain injury may cause temporary dysfunction of brain cells. More serious traumatic brain injury can result in bruising, torn tissues, bleeding and other physical damage to the brain that can result in long-term complications or death.

“What if my baby suffered brain damage during pregnancy or birth?”

Please see our FAQs on birth injuries, which are generally considered a separate legal liability category.

“What are symptoms of brain injury?"

Although each brain injury is different, even so-called “mild” brain injuries can result in nausea and vomiting, severe headaches, convulsions and seizures from brain damage, drowsiness, blurred vision, slurred speech, weakness and numbness in the hands and feet. Sometimes these symptoms first appear days or even weeks after the injury. If you or someone you love has suffered even minor head trauma and is experiencing any of these symptoms, seek medical attention as soon as possible.

“How can a brain injury affect my life?”

Inability to work: Your injuries may render you incapable of working and supporting your family.

• Changes in personality: A brain injury can cause poor memory, mood swings, difficulty concentrating and other changes to your personality that impact you and your loved ones.
• Long-term pain: Chronic pain can cause a serious detriment to your quality of life and require long-term treatment or medication.
• High, ongoing costs: Brain injuries can mean costs for therapy and care that can go on for decades or even a lifetime.

“How are brain injuries detected and diagnosed?”

CT and MRI scans are most often used to evaluate patients after head trauma. However, mild traumatic brain injury is sometimes difficult to diagnose. The brains of concussion patients often look normal on CT scans, the most common test after head trauma, and cognitive deficits can be subtle, even to a neurologist.
Newer variations of MRI such as Diffusion Tensor Imaging and Magnetic Resonance Spectroscopic Imaging can help detect mild brain damage not visible using traditional methods.

“Can I file a claim on behalf of a loved one?

It may be possible to file a claim on behalf of a loved one who was horribly injured and is no longer able to function. You may be entitled to financial compensation to cover their medical costs and living expenses, their loss of future wages, and their pain and suffering. Or, if someone you love was killed as a result of a severe brain injury or trauma, you may be able to file a wrongful death claim against the liable party to cover medical costs, funerary costs, lost income, pain and suffering, and loss of companionship.

“Should I hire a lawyer?”

Yes, you should hire a lawyer. A brain injury can easily change one’s life forever, possibly reducing your ability to work and support your family, or leading to high ongoing costs for treatment, assisted care, expensive medications, physical therapy and more. If the injury was caused in some way by the negligence of others, you may be entitled to compensation for these costs, as well as for pain and suffering.

However, the defendant’s lawyers and insurers have a duty to protect the person whom you believe caused the injury. Legal processes can be complicated, full of pitfalls for the inexperienced.

Don’t delay. There are strict deadlines on the time in which you can bring your case, after which you may have no further opportunity. The longer you wait, the greater the likelihood that evidence may disappear, witnesses may move, memories may fade, and the ability to win your case may decline. Yours or your loved ones’ future quality of life may depend on your willingness to act now.

“What sort of lawyer do I need?”

Brain injury is a very specialized area of law. You will want an attorney who has succeeded with similar cases at trial, not merely settling out of court. You should also choose a firm with the personnel and financial resources to prosecute your case from beginning to end. A good firm has the ability to advance costs in order to hire the very best experts for your case, because the cost of litigation can range from tens of thousands to hundreds of thousands of dollars.

Most law firms have websites that show the types of cases they have handled. At a minimum, you will want to meet with each prospective firm to ask about their trial experience, their record of wins and losses, their ability to advance costs, and their experience in the particular area of medical negligence that your claim involves. The Markam Group has long experience in successfully pursuing brain injury claims, and we have both the resources to persist along with access to the right kinds of medical experts.

“How long will my case take to resolve?”

Most cases can be filed and brought to trial within two to three years or less, and very worthy claims are often settled much sooner, without trial. The wait for trial often depends on where your case is filed, as most courts are crowded with lawsuits. And, of course, complex cases take more time than simple ones.

For a free, professional evaluation of your case, please contact the experts at The Markam Group.

Phone: (509) 747-0902
Email: info@markamgrp.com