You or your loved one has experienced a brain injury. Maybe it was a mild traumatic brain injury. Or maybe it was a more severe injury that resulted in a coma, and you are waiting for your loved one to wake up.

It is essential to choose an experienced brain injury attorney to represent your brain injury case. These cases can be complex and require specialized skill. (Flickr / Creative Commons / bloomsberries)

In the meantime, you might wonder about the legal aspects of brain injury. Someone may have even suggested that they represent you. In fact, the more serious the brain injury the higher the stakes of the outcome of the case.

While this is true, the more serious the brain injury, the more lawyers believe they can represent you. It is true that it is easier to prove a more serious brain injury occurred in the courtroom. But, as mentioned, the complexity of the case and importance of the outcome increases with severity as well.

(See our page on Why a Brain Injury Attorney?)

When a brain injury occurs, it is the job of the medical management team to make sure as soon as possible there will be funds available to cover costs of treatment and loss of earnings. An experienced brain injury attorney will also take into account future loss of earnings. The amount and quality of rehabilitation may depend on the availability of funds.

When it becomes apparent that the funds will not be covered by private insurance or other sources, the patient and patient’s family need to seek legal help for brain injury. The legal issue to be discussed revolves around whether there is fault and whether they will be able to recover damages.

When seeking legal help, the sooner the better, because both funds for treatment will be available quicker and investigation into the circumstances of the event will be easier. It is vital to contact an attorney who is experienced in brain injury litigation. Just as brain injury requires specialized medical care, it also requires specialized legal counsel.

In court, the lawyer must prove that there was in fact a head injury, through evidence from bystanders, paramedics, or primary care doctors, who can attest that there was a loss of consciousness. Another issue that will come up is the neuropsychological assessment. Other concerns include post-traumatic stress disorder, use of the American Medical Association guidelines to impairment, and the status of the treating physician.

The Court will assess the disability. The verdict and the amount of the award will be decided based on culpability and any contribution to the accident by the claimant. Medical and rehabilitation professionals will help determine the needs and capability of the claimant in the future. Economic analysts and life care planners will help determine the amount.

It is the job of an experienced brain injury attorney to obtain fair compensation for past and future loss of earnings, and to use persuasiveness to encourage complete medical care for the claimant.

Gordon Johnson

Attorney Gordon Johnson is one of the nations leading brain injury advocates. He is Past-Chair of the TBILG, a national group of more than 150 brain injury advocates. He has spoken at numerous brain injury seminars and is the author of some of the most read brain injury web pages on the internet.

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