BRAIN & HEAD INJURY
What Can a Lawyer Do to Help Your Brain Injury Case?
If you’ve suffered a traumatic brain injury, at some point your doctor will need to refer you to a specialist who can diagnose and treat the issues that are specific to this complex kind of medical care. Likewise, to pursue litigation over a brain injury, you’ll need an attorney with specific experience and understanding around the complex issues that surround these cases.
Most brain injury cases come as part of a car or motorcycle accident case. However, brain injuries can happen without high speed collisions. Often they result from skiing accidents, medical malpractice, workplace accidents, or they may be connected to an incident involving product liability or premises liability. A good lawyer will know how to objectify the injury and pursue the correct channels to build a case.
Establishing a case around a brain injury can be a challenge. For example, consider this: very often insurance companies will dispute claims that brain injury occurred when there is no official documentation from accident respondents that the accident victim was ever unconscious. Yet this is a false premise and ignores at least two very important points. First, in many cases, an accident victim will not have realized that they were unconscious or have a way of knowing for how long before someone comes to their aid. Second, and more importantly, it can be shown that brain injury can occur without a laps in consciousness.
What Kind of Brain Injuries
Do We Handle?
If you have a legitimate brain injury case, no matter how it was sustained, we have strategies for pursuing it on your behalf. Brain injuries come in many forms. While the obvious cause is direct impact to the skull, trauma can also be caused by indirect forms such as whiplash. Additionally, there are forms of secondary brain damage caused by an upset to the delicate molecular balance in the brain with effects continuing long after an initial trauma. These secondary effects can come as Edema or swelling of the brain, fluid in and around the brain which can cause further damage, or hematoma which is essentially bleeding within the brain.
So however you sustained your injury, our challenge is to establish a provable, objective argument that a claim should include damages connected with loss due to brain damage. Our arguments will be countered by experts on the insurance company’s team that know how to weaken a case and ultimately keep a claim denied (see below) and we will be ready for those tactics.
Regardless of the form that brain damage after an accident takes, if you’ve had an incident and experienced whiplash or direct impact to the head, we can talk to you about your situation. We can review the circumstances of the accident along with documentation from doctors and advise on the best course of action legally.
What Will the Insurance Company Do?
When a brain injury is a part of a claim process, an insurance company will open a file on you as the victim and begin collecting data on you that can be used to refute your claim, deny payments, or even be used to convince a jury that you are not entitled. For example, they may site your recorded conversation with their claims adjuster and show that the conversation never included any discussion about brain injury or they might mention that you did not have any trouble with memory or speech.
When faced with a litigation, anything that an insurance carrier can do to legally win will likely be pursued. They may pull psychological records as well as other medical records, attempt to find evidence of prior drug use, and collect evidence from your social media activity.
Our strategies will be based on countering an insurance company’s potential means of dispute. We’ll also develop a jury strategy knowing the tactics insurance company’s use do dissuade juries from sympathizing with our client.
Ward Maedgen is one of the few attorneys in Dallas currently working on injury cases who also has a high level of trial and jury experience as an Assistant District Attorney leading hundreds of cases. Add to this his experience handling brain injury litigation and Ward becomes the clear choice for representation on these difficult cases.