Did your loved one suffer a traumatic brain injury? The physical, financial and psychological toll of traumatic brain injuries on victims and their families can be overwhelming. During this difficult time, it may be beneficial to talk to an experienced lawyer about pursuing a medical malpractice claim. While recovering compensation cannot change what happened, it can be an important part of recovering from a serious personal injury.
For more than three decades, the licensed attorneys at Jay Trucks and Associates have been helping injury victims in Grand Rapids and throughout Michigan recover compensation for their damages. These results include $2 million we obtained for a car crash victim who suffered a severe brain injury.
The initial consultation with one of our attorneys is free of charge. There is no obligation to take legal action, but if you do, we do not charge for our services unless you receive compensation.
Call our firm today to set up your free consultation: (800) 762-8623
Can I File a Claim for Compensation?
It can be very difficult for brain injury victims or their loved ones to know whether they may be eligible to file a claim for compensation. They should be able to focus on medical treatment and managing the challenges caused by the injury.
In a free consultation, you have the chance to talk about what happened and how the injury is affecting you. This will help our attorneys to determine whether your traumatic brain injury (TBI) may be the result of another’s negligence. The legal theory that is applied in most personal injury cases contains four parts that your Grand Rapids TBI lawyer must establish:
Duty of Care was Present
The person or entity you are filing the claim against must have been under a legal duty to act reasonably and responsibly to help prevent the injury. The definition of reasonable behavior depends on the situation, such as not driving while drowsy or drunk, performing proper maintenance on a commercial truck’s brakes, or avoiding anesthesia errors during a surgical procedure.
Duty of Care was not Upheld
There must be proof the at-fault party failed to uphold the duty of care. Often, a duty of care is breached through careless or reckless actions. However, sometimes at-fault parties fail to act at all, and this may be a breach of the duty of care.
Injury Linked to Negligence
Our attorneys must prove the breach of the duty of care directly caused you to suffer an injury. We may need to refute claims from the other side about the cause of your injury.
Damages from Your Injury
There must be proof of damages from your injuries. Medical bills often make up the largest portion of a victim’s damages. Other types of damages include lost wages, pain and suffering, loss of companionship and loss of earning capacity.
What a Brain Injury Case May be Worth
The value of a TBI case depends on the damages you suffered and how far into the future those damages may affect your life. The more severe an injury is, the greater a claim’s potential value, because the victim may need ongoing medical care for years or even the rest of his or her life.
Our Grand Rapids traumatic brain injury lawyers are committed to pursuing maximum compensation for your damages, such as the cost of past and future medical bills for your brain injury treatment, which could include the cost of:
- Brain surgery
- CT scans
- Physical therapy
- Cognitive therapy
- Speech therapy
- Psychological counseling
- Cognitive therapy
- Prescription medications to treat anxiety, blood clots, seizures, muscle spasms and depression or other behavioral disorders
Our attorneys may also be able to pursue compensation for the cost of renovating your home or vehicle to accommodate mobility limitations caused by your brain injury.
If you are unable to work during your recovery, we may be able to pursue compensation for lost wages. If you have a permanent disability, you may be unable to work at the same job as before, or even work at all. In these situations, compensation may be available for loss of earning capacity.
You may also be eligible to pursue compensation for the emotional effects of the injury, including depression, anxiety and loss of sleep. If the injury hurts your relationship with your spouse, you may be eligible for compensation for loss of companionship.
Another form of compensation is lost enjoyment of life, which may be available if your injury prevents you from participating in leisure activities you used to enjoy.
Reach our office 24/7 by online chat or phone: (800) 762-8623
Could Hiring an Attorney Help?
In general, hiring an experienced attorney results in victims receiving more compensation when compared to those who do not.
Jay Trucks and Associates has a long history of recovering compensation for injury victims. Our attorneys are prepared to manage each step of the legal process on your behalf, from investigating the accident and negotiating with insurance companies to valuing your damages and preparing to go to trial if necessary.
We know how to defend the value of an injury claim when dealing with insurance companies and other parties working against your best interests.
There are many risks to trying to handle the legal process on your own, from unintentionally saying something to the insurance company that hurts the value of your claim, to accepting a lowball settlement that leaves you in need of more compensation.
Deadline for Filing a Compensation Claim
Personal injury claims have a three-year statute of limitations. In other words, you have three years from the date of the injury or your loved one’s death to file a case, otherwise it will likely be dismissed in court.
However, there are various exceptions. Medical malpractice claims have a two-year deadline, but there are exceptions to that as well.
As this can be a complex issue, it is important to talk to a licensed Grand Rapids TBI lawyer to find out the potential deadline for your claim.
We are here to help you during this difficult time: (800) 762-8623
Defining a Traumatic Brain Injury
A TBI is a serious injury that results from a bump, blow or jolt to the head or the head being penetrated by something. The injury causes some sort of disruption in the normal functioning of the brain, which is why victims may lose consciousness or experience confusion or disorientation.
Different Types of Brain Injuries
There are different types of brain injuries and different ways of classifying them. For example, brain injuries can be mild, moderate or severe. One way to think about it is the longer a victim is unconscious from the injury, the more severe it is likely to be. However, sometimes mild injuries do not result in unconsciousness.
A concussion is a minor injury, but can result in serious problems, particularly if you suffer multiple concussions in a short period of time. Victims may lose memories, feel disoriented or suffer personality changes, which has been seen in former professional football players.
A brain contusion is a bruise on the brain tissue, which can cause a buildup of pressure in the brain and potentially be fatal.
Anoxic brain injuries happen if the brain suffers a lack of oxygen, which result in a victim having difficulty concentrating, dizziness and other long-term problems affecting speech, vision or memory retention.
What to do After Suffering a TBI
Those who potentially suffered a brain injury should get to a hospital immediately. If you wait to seek treatment, the injury could get much worse. Sometimes quick treatment allows doctors to contain and lessen the damage.
Sometimes it is obvious a brain injury occurred, such as if the victim loses consciousness or the victim’s head was impaled by an object. However, other times it may not be so obvious, which is why you should note the potential signs of a brain injury, particularly if you were hit in the head or your head was shaken around:
- Feeling dazed, confused or disoriented
- Feeling tired or sleeping more than normal
- Trouble falling asleep
- Trouble with speaking or slurring words
- Trouble with balance
- Sensitivity to light or sound
- Changes in mood, particularly feeling anxious or depressed
Make sure you follow the doctor’s orders, including staying home until your physician clears you to go back to work and avoiding other activities as instructed. If you stop your treatment, it may lower the value of your claim.
Make sure to keep all medical bills and records related to your injuries, along with a record of days and times you missed work. It may also be helpful to keep a journal about how treatment is going, including the pain and other symptoms you are dealing with on a daily basis.
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Call Today to Set Up a Consultation with a Grand Rapids TBI Attorney
You may be unsure if you have a case, and that is why it may benefit you to schedule a free consultation with one of our experienced attorneys. There is no obligation to file a claim and our attorneys do not charge upfront fees. We do not charge anything unless our clients receive compensation.
We are a client-focused firm with a proven track record of success – more than $500 million recovered over more than 30 years of service in the state of Michigan.
Jay Trucks and Associates: (800) 762-8623