What to do in the Wake of Suffering a Traumatic Brain Injury

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Millions of people sustain traumatic brain injuries each year and from several different causes, such as sports injuries and negligent landscape maintenance. Yet the vast majority of individuals and organizations, including employers, health providers, and unfortunately many of my legal brethren are not adequately prepared to properly deal with the victims. A traumatic brain injury (TBI) is a unique condition where symptoms and signs can vary widely depending on the individual and the type of damage.  At The Reiff Law Firm we strive to provide legal representation that addresses and is responsive to your particularized circumstances and needs.

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The Unique Challenges of a Brain Injury

When a victim sustains a traumatic brain injury, whether it be caused by a trucking accident, vehicle rollover accident, amusement accident, or sporting event their lives can be changed in a second.  In short, many victims and their families have the wind knocked out of their financial and emotional sails, but many involved in the process will never adequately understand the full extent of the injury’s consequences unless they regularly work or perform in the brain injury arena.

As a catastrophic injury attorney who has handled a multitude of catastrophic brain injury cases over the last three and a half decades, I recognize that one who sustains a brain injury and their surviving family members may be at an increased risk of developing depression, panic, anxiety, drug-seeking behavior, or alcoholism.  A brain injury or traumatic brain injury is not an event – it is a disease that never goes away. This chronic condition is the worst type of injury because it can take away the essence of one’s soul and being.  Aside from its own impacts, a TBI is disease causative and a disease accelerator.  Many times a brain injury impacts internal organs that will affect the remainder of an individual’s life requiring extensive medical care and economic loss.  Traumatic brain injury is chronic and permanent in its residual effects.  A recent example of the enduring nature of brain injuries is the “concussion crisis” that has garnered much publicity and awareness through the recent NFL class action litigation and settlement.

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Legal Representation That’s Responsive to Your Unique Needs

As a lawyer who has worked with victims who have sustained brain injuries, my partners, staff, and I have become patient and victim advocates because there is so little understanding in this area of concern and treatment unless you have been involved in the process many times before.  Aside from acting as an attorney, I often find myself acting as a social worker, medical adviser, part-time neuroscientist, and family friend and companion who is available 24 hours a day. As many individuals travel down unexpected and unrecognized pathways of life, knowing that a caring and responsive individual is fighting for you can make all of the difference.

Insurance companies and defense attorneys often characterize a brain injury as non-existent or mild and the one thing I know for sure is that a mild traumatic brain injury is only mild if it does not happen to you, a family member, or friend.   A traumatic brain injury is a developing disability with cognitive behavior problems that worsen over time.  The term mild or moderate traumatic brain injury only relates to the duration of loss of consciousness and does not relate to the seriousness of the injury.  15% of all patients who sustain a brain injury will not recover after one year.

A complete diagnosis of brain injury cases relies on the latest technological screening and neuropsychological testing in an attempt to quantify the same.  The combination of new brain mapping techniques such as FMRI together with transcranial magnetic stimulation, DTI, SWI, PWI, MRSI is often unknown to many practicing clinicians.  Many times a biomechanical component may be overlooked by practitioners in diagnosing the brain injury. Obviously, each case is unique and due to the often evasive nature of a TBI not being clear cut or not easily diagnosed, mistakes or misinterpretations of results can occur.  Having an experienced team handle your case can increase the likelihood that you obtain a favorable settlement or jury verdict for your failure to diagnose lawsuit.

If you or a loved one have suffered or suspect a serious brain injury, seek medical attention immediately. Once your condition has been stabilized, contact an attorney who is experienced with your injury type. Furthermore, it can be helpful if your attorney has handled the circumstances that caused your injury as well. At The Reiff Law Firm our attorneys are experienced in handling TBI matters that arise through a broad array of contexts. For your free and confidential personal injury consultation call (215) 246-9000 or contact us online today.

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