What Are The Biggest Challenges In Traumatic Brain Injury Claims?

The biggest challenge for clients dealing with a traumatic brain injury claim is simply working through the symptoms. For most of the symptoms that they experience, there’s nothing a doctor can do to speed up the process. Oftentimes, the advice from medical professionals is to wait and see how the client responds. If those clients are constantly having headaches, memory issues, dizziness, or concentration issues, it’s extremely frustrating to continue on in that fashion without a treatment plan that can address those issues specifically. So, the wait and see is definitely the most frustrating aspect for clients to go through.

What Damages Can Someone Potentially Recover In Traumatic Brain Injury Claims?

You can recover damages for the medical bills that are incurred in treating a TBI. However, the most common damage in these cases comes from general damages. This would include all of the symptoms that the client experiences, like fatigue, dizziness, nausea, trouble sleeping, headaches, concentration problems, and loss of memory. It can also include things like the fear that you might never again be the same. One thing that I have seen in a number of my cases is the embarrassment that comes along with struggling through a TBI. These individuals forget facts and basic details, like names or conversations that they’ve recently had. So, beyond just having trouble at work or with family and friends, working through a TBI can be extremely embarrassing for the majority of clients. Generally speaking, properly documented traumatic brain injury cases have the potential for substantial general damages.

Are Future Expenses For Rehabilitation And Medical Needs Factored Into A TBI Claim?

Future expenses for rehabilitation and medical needs are absolutely factored into a TBI claim, and this is where good medical experts and providers come into play. All of the future costs and rehabilitation is determined by the medical provider. So in our cases, this can include things like speech therapy, cognitive therapy, memory drills, and even visits with psychologists. Those are all determined by the client and the medical provider. They will document what those needs will be, and project how long out they will need that type of treatment.

How Important Are Medical Experts In Traumatic Brain Injury Claims?

Experts and specialists are vital to these cases. You cannot rely on an ER doctor to give a proper diagnosis for a TBI, and you can’t expect to receive the proper imaging through the ER. Typically, they’ll do a CAT scan and say, “Your brain looks fine.” There are other types of specialized imaging that can help us see what’s going on in the client’s brain. So, getting the proper imaging and diagnosis is extremely important to a successful case. Without it, you’re stuck with the opinion of an ER doctor who has no specialized knowledge on the matter.

Why Is It Critical To Retain An Experienced Attorney To Handle A TBI Claim?

Retaining an experienced attorney to handle a TBI claim is just as important as having medical specialists involved. Here at Feller & Wendt, we have that expertise. We’ve handled many, many TBI cases from very mild, simple concussion cases, all the way up to severe traumatic brain damage cases. With our firm, we have the resources to hire the experts needed to win the case. We also have the resources to be able to refer our clients out to experienced medical professionals who can properly document the case and diagnose the injury. Without a firm that has the right type of experience and resources, clients are losing out on what’s rightfully theirs. It’s the difference between winning and losing.

Additional Information On Traumatic Brain Injury Claims

It’s important to get an attorney involved early on. If you’re stuck with a simple ER diagnosis, that needs to be changed as soon as possible. We encourage people who have had a traumatic brain injury to come see an attorney as soon as possible. That way, we can have them begin documenting their case and seeing the right providers. This will allow us to know exactly what’s going on, and to preserve all of the evidence that we need to win the case.

For more information on Challenges In TBI Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 499-5060 today.