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5 Things You Need to Know About Traumatic Brain Injury Litigation

On Behalf of | Aug 24, 2015 | Personal Injury |

Approximately 2.5 million people sustain traumatic brain injuries annually in the United States–50,000 of which are fatal.* The leading causes of traumatic brain injury are auto accidents, falls, and being struck in the head by objects–either by accident or as the result of an assault. Traumatic brain injuries can result in short- or long-term damage and either may require you to file for medical reimbursement, compensation for damages and long-term care, or social security disability. Five Things You Should Know About Traumatic Brain Injury Litigation in Kentucky:

  1. The State of Kentucky characterizes a traumatic brain injury as an acquired impairment to the neurological system resulting from an insult to the brain that adversely affects educational performance, causes temporary or permanent and partial or complete loss of cognitive functioning, physical ability, or communication skills. A traumatic brain injury does not include congenital or degenerative brain injury, nor does it include a brain injury that is caused by birth trauma.In other words – to receive compensation for your traumatic brain injury, you cannot have been born with it and it cannot be caused by the onset of a disease, such as Huntington’s. If you have suffered a traumatic brain injury as the result of an accident, contact a traumatic brain injury attorney immediately. The longer you wait to take legal action, the less likely you are to receive the compensation you will need to care for yourself.
  2. There are over thirty thousand traumatic brain injuries (TBIs) and related deaths per year in Kentucky alone. Diagnosis of traumatic brain injuries is made more difficult by delayed onset of symptoms due to shock or swelling of the brain. If you hit your head in an accident, go to the doctor immediately and request an MRI, CAT scan, and any other test your doctor may wish to run.Schedule follow up appointments, even if the results do not indicate brain damage, because it can take time for brain injury symptoms to appear. Seeking immediate medical attention could also keep any brain damage found from spreading further; and it ensures that you have documentation of your injuries linking it to your accident. A traumatic brain injury attorney will need this medical documentation of your injuries to pursue damages.
  3. The State of Kentucky requires coaches to complete concussion and head injury training. It also requires any player suspected of having a concussion be evaluated before they can return to play. If you or a loved one sustain a traumatic brain injury while playing in a sports league, whether or not this rule was followed will influence the amount of compensation you receive.A local traumatic brain injury attorney will be up to date on all recent brain injury litigation in Kentucky and amendments specific to your municipality. This in-depth knowledge enables them to facilitate a settlement that better reflects the compensation you deserve.
  4. Brain injury litigation can be very expensive for insurance companies, so they often record phone calls, monitor social media, and even dig through your trash in order to confirm that you are indeed suffering from brain damage. Your traumatic brain injury attorney will help you avoid common mistakes that could jeopardize your case should it go to court.Even posting on Facebook could be used against you as an example that you are well enough to use a computer–and therefore cannot have sustained severe brain damage. Ask your brain injury attorney for some guidelines on protecting your privacy and your chances of receiving the compensation you deserve.
  5. Unfortunately, recovery from traumatic brain injuries can be slow, which means that in addition to the medical bills acquired during diagnosis, many people with traumatic brain injuries will require care and support long after their injury is incurred. You may require physical and rehabilitative therapy, in-home assistance, or transportation to carry out your daily tasks.You may also suffer long-term effects from loss of cognitive reserve. Cognitive reserve is the amount of brain matter you have throughout your life. Loss of cognitive reserve increases your chances of developing dementia and Alzheimer’s at an earlier age, which could damage your earning potential and social relationships.

A traumatic brain injury attorney will be able to seek reimbursement for your immediate medical bills as well as additional compensation to cover any long-term care and damages. If you or a loved one have sustained a traumatic brain injury in Kentucky, contact Edwards & Kautz Law Firm at 270-908-4914 to schedule a free legal consultation concerning your case. We can help you get the compensation you deserve. *according to the National Conference of State Legislatures Photo Courtesy of Dr. Leon Kaufman, University of California, San Francisco