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There are many complexities to a traumatic brain injury case. A traumatic brain injury case is different from a typical personal injury case. It is essential to seek help from a seasoned traumatic brain injury attorney.
The initial interview with someone who may have sustained a traumatic brain injury will be comprehensive. One of the benefits of an Oak Lawn traumatic brain injury lawyer is to prove that another party’s negligent actions is the cause of the catastrophic injury. A lawyer will be looking for changes in behavior and personality as well as evidence of the symptoms about which the person complains. Since there are few objective tests that demonstrate a traumatic brain injury, a lawyer will need to prove the existence of the TBI through the symptoms.
Since traumatic brain injuries can be difficult to prove in court, it is important to hire a TBI lawyer as soon as possible. When there is a suspected traumatic brain injury, a lawyer will begin documenting the symptoms immediately. Some traumatic brain injuries will resolve over time, and some will be permanent, but a competent TBI lawyer will be in the best position to document all symptoms that occur following an accident.
It is important for the lawyer and the injured claimant to work together to document the effects of a traumatic brain injury. A lawyer may have the injured party take frequent videos of themselves. A knowledgeable attorney will also ask a traumatically injured individual to keep a journal and notes as to how the injury affects them on a day-to-day basis. All these things should be documented throughout the course of discovery.
Additionally, proof of the severity and extent of a TBI can take the form of the testimony of friends and family who can explain the difference in the individual following the accident.
The difficulty in proving a traumatic brain injury is that they usually do not show up on any tests. X-rays will show broken bones, and an MRI may show injuries, but even if these tests are negative, there can still be a traumatic brain injury.
The way to prove the existence of a traumatic brain injury is by presenting the symptoms associated with the injury. A lawyer must compare what the individual was like before an accident and contrast it with their current situation. Traumatic brain injury cases are usually proved through the symptoms and not necessarily on any objective test.
An injured person should expect a detailed conversation during an initial consultation with a personal injury lawyer. It is always best to assume there is a traumatic brain injury and document the case accordingly at the outset. Sometimes, it is impossible to prove a traumatic brain injury. However, it is important to work to establish the existence of the traumatic brain injury at the earliest time possible. Testimony from loved ones about the symptoms is the best way to prove a traumatic brain injury in court.
Regardless of the injuries sustained, the TBI attorney still must prove that someone else is at fault for the injury. In court, the injured claimant’s lawyer may not discuss the nature and extent of the injury unless they can prove liability first. If there is no liability or fault, then there is no discussion regarding damages. Even if there is a traumatic brain injury, without liability, there will be no recovery for the injured claimant.
A catastrophic injury, including a traumatic brain injury, will result in financial hardship for the rest of the person’s life. If there is a legal case, it is important to make sure that all future financial obligations will be taken into consideration when resolving the case. Once the case is over, there is no additional recovery.
For this reason, it is important for the lawyer to document any possible damages that may occur in the future. A settlement may also include provisions that the injured individual will receive payments over their lifetime. This is an option which an individual should discuss in-depth with their lawyer prior to settling a traumatic brain injury case.
The lawyer and the injured claimant must work cooperatively on a case. The claimant must cooperate with their lawyer in order to obtain a satisfactory result. Failure to cooperate or listen to the advice of an experienced traumatic brain injury lawyer can have a detrimental impact on the ultimate resolution of a case. A lawyer will try to maximize the amount of recovery following a traumatic brain injury, but the claimant must always assist the lawyer to prove their case.
It is important for a client to always listen to their lawyer. When there is a traumatic brain injury case, insurance companies will sometimes hire private investigators to conduct surveillance on the injured individual. While the case is ongoing, it is important not to engage in any activities which the individual claims they are unable to do. This can have a very negative impact on their case. A TBI lawyer could advocate on behalf of the injured party to help them recover compensation.
Call today to learn about the benefits of an Oak Lawn traumatic brain injury attorney.