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Personal Injury Blog

Does Concussion Recovery Time Affect Brain Injury Lawsuit Settlements?

Tuesday, October 20, 2020

For many, concussions seem like a relatively minor injury and something to be expected after an accident. However, while concussions can have very minor symptoms, they can manifest very major damage to your brain. Some who suffer a concussion as the result of an accident have brain damage that they never fully recover from, and they should be getting compensation as such.

What is a Concussion?

A concussion is a traumatic brain injury (TBI) that is the result of blunt force to the head or severe shaking of the head, either of which causes the brain to essentially bash into the side of your skull and damage the soft tissue. Symptoms can be mild or severe, but can often be confused with other ailments, which can make those who suffer from a concussion slow to get help. Concussion can often be confused with simple anxiety from just being in an accident, but it is important to seek help if you have even on symptom. The symptoms of concussions include:

  • Headache

  • Loss of balance

  • Tinnitus, or ringing of the ears

  • Memory loss

  • Unconsciousness

  • Nausea

  • Slurred speech

  • Seizures

Those are just the immediate symptoms of a concussion. Longer term symptoms can manifest including issues like blurred vision, psychological disorders, light and noise sensitivity, and altered taste or smell.

For some, concussion symptoms last for a few days. Others will suffer for months or years from a severe concussion. However, what many don't realize is the time it takes to recover from a concussion that was the result of an accident can affect the lawsuit settlement they can receive.

How Concussion Recovery Time Affects Your Settlement

When it comes to accident settlements for concussions, you will be entitled to the standard damages for injuries. You can pursue damages for pain and suffering from the accident as well as the physical and mental impairment caused by the concussion.

If you suffered from concussion symptoms for more than a few days, you may also be entitled for your settlement to include compensation for a reduced quality of life. Long term symptoms of concussions can be very disruptive to a normal life, and the longer they last, the more you may get.

If you had a serious concussion, you will also want to keep good track of your medical bills. A big problem with brain injuries, aside from the unpredictable and permanent damage they can cause, is they can be very expensive to diagnose. If your concussion has serious symptoms, the MRIs, CTs, and all the other neurological testing you had to endure will be covered by an accident settlement.

In the same vein as tracking your medical expenses, if you have even the most minor symptoms of a concussion after an accident, you will want to seek medical help as soon as possible. The longer you wait to have a concussion diagnosed and treated can have an effect on your settlement amount. Furthermore, it could be argued that your lack of medical attention made the concussion worse than it needed to be, which in turn limits the amount you are entitled to.

Need Help?

Have you suffered a concussion or any other traumatic brain injury as a result of an accident? These injuries, while difficult to diagnose, are treated very seriously. They can cause long-lasting damage and disruption to your life. If you have suffered a concussion and want to discuss your legal options to get coverage for your expensive medical bills, contact us today. The Law Office of Freeman & Freeman is dedicated to helping those injured in unexpected accidents get the compensation that they are entitled to.

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.


What If My Brain Injuries Don't Show Up Right Away?

Thursday, March 01, 2018

brain injury

After an accident, broken bones and lacerations are bad injuries to have. However, when it comes to non-fatal injuries, traumatic brain injuries are the worst injuries that you can receive from an accident. The issue is that the brain is a complex organ and controls so much in the body. This means that even small injuries to the brain can manifest themselves in a wide variety of symptoms and can greatly affect your daily lives.

However, because brain injuries are so serious, they often qualify victims for large payouts to cover their treatment and any long-term effects of the brain injury. Yet, there is a major problem that can come from brain injuries that occurred during an accident - they don't always show up right away. The real issue is that so many people don't realize that they have a traumatic brain injury until much later when the symptoms and other effects start to show up. However, if you are diagnosed with a traumatic brain injury from an accident months or even years in the past, can you still receive compensation to cover it?

What To Do If Brain Injury Symptoms Show Up Later?

It is recommended that as soon as an accident is over, you visit a doctor. Even if you feel fine, the doctor can examine any symptoms as well as examine the specifics of the accident to see if a brain injury may be present. However, if they manage to overlook it and you manifest symptoms or discover an injury later, you may still have some options available.

Statute of Limitations for Personal Injury Cases

If you are injured in an accident, brain injury or otherwise, California gives you a set statute of limitations in which you can pursue compensation. In California, this time limit is two years after the accident. If you try to pursue compensation for an injury any later than two years, your case likely will not be heard.

However, there are quite a few exceptions to this statute of limitations time period. The exception that will typically apply to those with traumatic brain injuries is the delayed discovery rule. In this exception, the statute of limitation time period is suspended and actually begins when the victims suspects or should suspect that they were injured by some wrongdoing. This means that if you feel fine for months after an accident, then manifest symptom and discover there is some injury to the brain that likely came from that accident, then this is when the clock starts.

However, the issue with using the delayed discovery exception is that is much easier for the person that caused the accident to argue that you injured yourself in some other way. This is even more suspect if you have been in other accidents, even minor ones, since the accident you are holding suspect.

This is why it is so crucial that if you even hit your head a little bit or were subject to a motion that would make your head rapidly snap back and forth that you have a doctor check it out at the time. Not only will this increase the chances of detecting a brain injury early, but it will document that one may have been caused by that particular accident.

Need Help?

Have you been the victim of a brain injury whose symptoms didn't start showing up until much later? Unfortunately this means that you are in for a tough fight for compensation, but the Law Office of Freeman & Freeman are ready to fight for you. If you need representation to get the compensation that you deserve, then contact us today.

 

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.

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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