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Personal Injury Blog

Fighting Accusations of Malingering in Brain Injury Cases

Thursday, June 14, 2018

If you have been in an accident, the last sort of injury you want to endure outside loss of limb is a brain or spinal injury. These injuries can be debilitating, and permanently so. However, alongside that, brain and spinal injuries are some of the most complicated issues both medically and legally. Even if you were to have a limb amputated in an accident, you will have permanent loss, but at least it is a visible injury and easy to get compensation for.

However, if you have a spine or brain injury, it can be more difficult to get compensation for because it is not always an injury that you can physically see. Worse yet, there may come accusations of malingering - otherwise known as faking.

If there is no physical sign of trauma, such is often the case with brain injuries, you might hear the term malingering thrown around by the insurance company that doesn't want to pay. They are essentially saying that you are faking a brain injury for more compensation. The complicated thing is that proving a brain injury often requires expensive tests that only cause the amount they need to pay to rise.

Preventing Malingering Accusations After a Brain Injury

After an accident, if you have endured head trauma or were in a car accident that caused your neck (and thus your head) to snap back and forth, there are a number of tests your doctor may want to run. If you are visiting your family doctor after an accident as you didn't need ER treatment, you may want to ask them to refer you to a specialist if they suspect you may have brain injuries. Insurance companies are often quick to question the diagnosis of a family physician, but it is much harder to call into question the diagnosis of a specialist that you have been unaffiliated with.

When visiting a specialist, you will want to be candid with them in order to avoid any potential accusations of malingering later. You may not be aware of any periods of lost consciousness, and it is often not recorded on most EMT reports. However, you will want to mention any periods of confusion or trouble speaking. In many cases this is just a simple concussion, but a brain or spine specialist will still want to run some tests to make sure you are okay.

There are a number of diagnostic tests to find and diagnose brain injuries and their severity. Each are used for specific suspected problems, but at very least you will be looking at either an MRI or CT scan to get a better look at what is going on inside your head. If the specialist finds anything wrong, they may want to do further tests. However, during this period, you will want to record what tests you had done, the results, and the price for later compensation.

What to Do If Your Insurance Company Calls You a Faker

If you went to a specialist, it will cut down the chances of your insurance company accusing you of malingering, but they can still try it because of how complex brain injuries can be. In most cases, they will request a medical exam from one of their doctors. If there really is something wrong, they have an oath not to lie about it.

However, because brain injuries are so complex, you will definitely want a lawyer by your side to defend your rights and help you get the compensation you deserve. If you have been in an accident and need help, contact us today to see what the Law Firm of Freeman & Freeman can do for you.


The Statute Of Limitations Can Affect Your Back Injury Case

Thursday, October 19, 2017

Severe back injuries can affect a person for life and make it impossible for them to get back to work. When this happens, it is important to pursue a lawsuit as a way of protecting yourself. This fact is particularly the case if the back injury occurred as a result of somebody's negligence. Unfortunately, the statute of limitations in California can negatively affect back injury cases in Los Angeles.

What Is The Statute Of Limitations?

All crimes, except for serious ones like murder, have a statute of limitations. This concept is set into place to protect people from being prosecuted for crimes they committed years ago. In most cases, a statute doesn't run out for an extended period of time. In all personal injury cases in California, the statute of limitations is two years. This includes all back injury cases.

How Can This Affect You?

When your statute of limitations runs out, you can't pursue a lawsuit anymore. That is true even if the person who injured your back was very guilty or admitted fault. Of course, a new injury to the back could be pursued without falling under this limitation. In most cases, lawsuits of this type are typically pursued right away. If for some reason you did not pursue it before the limitation was up, you cannot pursue it now.

If you suffered a back injury a few years ago and are worried that your statute of limitations will run out, please contact us today to get help. We can guide you through this complicated process and get you the compensation you deserve for your life-changing injury.

Understanding The Complexities Of A Traumatic Brain Injury Lawsuit

Thursday, May 25, 2017

If you or someone you love has suffered from a traumatic brain injury, you know how difficult they can make a life. Lawsuits for one of these injuries can be complex and difficult to understand, but they may help you get the money necessary for a full recovery.

Recovery Is Possible But Difficult

There are three main types of traumatic brain injuries: mild, moderate, and severe. Mild injuries make up about 80 percent of all injuries. These typically cause some physical and cognitive changes. Most people will recover from them within six months, but as many as 15 percent may suffer from long-term problems.

Moderate and severe injuries are typically a long-term or even permanent problem. They can severely decrease a person's physical and cognitive skills. In fact, it may even be necessary for a person to get some form of care for the rest of their lives. Pursuing a lawsuit in this instance may help a person get the money they need to recover.

The Complications Of A Lawsuit

That said, filing a lawsuit for a brain injury suffered at work can be difficult. It is necessary to prove that the employer committed a form of negligence or an intentional wrong.

For example, if they neglected to provide a job site with an adequate number of hard hats and this led directly to the brain injury, a lawsuit may be pursued.

It is also necessary to prove that the person suffered a brain injury and that the injury was not a pre-existing one. Doing so can be difficult.

However, if you are successful, you can receive damages as diverse as medical expenses, pain and suffering, rehabilitation services, property damage, income, and diminished earning capacity.

Please contact us today if you need help with one of these difficult and traumatic lawsuits.


Herniated Discs Frequent Type Of Back Injury In Wrecks

Thursday, May 04, 2017

Your spinal column consists of 33 vertebrae separated by semi-soft “discs.” Each disc consists of a softer inner area protected by a tougher outer layer. Together, these discs and vertebrae protect the spinal cord, which is about 17 inches long in adults. The spinal cord transmits information from the brain to the major nerves that extend outward to every part of the human body.

Crashes and Herniated Discs

The sudden impact of a vehicular accident may twist, bend or otherwise contort the spinal column to such a degree that one or more of the discs ruptures. When these types of back injuries happen, some of the softer inner material may escape and protrude into the spinal column. When it presses on nerves, pain or numbness may result.

The oozing of disc material into the spinal column does not always cause pain or other sensations. Also, emergency room X-rays do not typically reveal evidence of these ruptured or herniated discs. 

Delayed Diagnosis

Since the interaction between a herniated disc and nearby nerves may not become apparent for days or even weeks, a correct diagnosis is sometimes delayed. As a result, insurance companies may sometimes insist the nerve pain or numbness is not the result of the crash, and they may refuse to pay for necessary surgery or other medical treatment. 

Therefore, it may help to enlist the services of an attorney familiar with back injuries in crashes. When a disc injury requires medical treatment, it is important for the accident victim to get compensation for medical expenses and possibly for pain and suffering. In more severe cases, victims often deserve further compensation for permanent limitations they may suffer.

If you or a family member is a victim of an accident, we make it possible for you to speak with an attorney at no cost to you. To arrange for this complimentary consultation, or to ask your questions, please contact us today.



What Damages Can You Seek for Traumatic Brain injuries?

Thursday, January 12, 2017

If you or someone you know has endured a traumatic brain injury, you may be entitled to seek damages, providing the accident was not your fault. However, unlike other accidents, many don't know exactly what damages they can seek for a brain injury.

Loss of Earning Capacity

This is typically the first sort of damages that should be sought after a brain injury. It has been found that those who suffered a brain injury often retire up to 15 years sooner because they typically have trouble focusing, controlling anger, retaining key memories, and suffering from fatigue. Taking that into consideration, you may be able to receive damages because you had to take a lower paying position and your working years may have been cut short.

Life Care Damages

If you have suffered a traumatic brain injury, there are a number of costs that come with the injury. This includes physical therapy, medications, surgery, and time spent in the hospital. If the injury was not your fault, you should not be left with these bills.

Pain and Suffering

Pain and suffering can be difficult to calculate, as can its close cousin loss of enjoyment of life. In some court districts, experts on pain and suffering aren't even allowed to testify, but when they are, they present a number of economic statistics that prove that your quality of life has been diminished by a certain percentage.

If you or someone you love has been a victim of a brain injury, don't go after damages alone. With a good personal injury attorney, you can get so much more and we can assure that you win. Contact us today to see what potential for a case you have.


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From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.