what is tbi lawyer

What is TBI in legal terms?

TBI law is personal injury law Most of the brain injury cases we see are the result of a truck or motor vehicle crash. These are civil – not criminal – cases, filed against the person or company that caused or contributed to your traumatic brain injury.

What does a TBI do?

Traumatic Brain Injury (TBI) is a disruption in the normal function of the brain that can be caused by a blow, bump or jolt to the head, the head suddenly and violently hitting an object or when an object pierces the skull and enters brain tissue....Outcome.OUTCOMESCOREDESCRIPTIONDeath (D)1Self-explanatory4 more rows

What is the compensation for a TBI?

A general estimate is that most brain injury cases generally settle for around $100,000 at the minimum. Due to the brain's highly sensitive nature and how impactful injuries to it are, it is not uncommon to see TBI claims settle in excess of several million dollars.

How can you prove a TBI?

Medical Tests to Prove a TBI Happened A computerized tomography scan (CT scan) uses X-rays to create a complete picture of your brain. It could show bleeding, bruised tissue, and other damage. Magnetic resonance imaging (MRI) uses powerful magnets and radio waves to create images more detailed than CT scans.

What are the three types of TBI?

What are the different types of TBI?Closed brain injury. Closed brain injuries happen when there is a nonpenetrating injury to the brain with no break in the skull. ... Penetrating brain injury. Penetrating, or open head injuries happen when there is a break in the skull, such as when a bullet pierces the brain.

What are the 7 types of TBI?

Types of Traumatic Brain InjuryConcussions. Concussions are the most common type of traumatic brain injury. ... Contusions. These often accompany concussions. ... Brain Hemorrhages. ... Intracranial Hematomas. ... Coup-Contrecoup Brain Injury. ... Diffuse Axonal Injury (DAI) ... Penetrating Brain Injury. ... Second Impact Syndrome.

How much disability is TBI?

If the Veteran's TBI residuals qualify as “total” severity in any of the facets, then the veteran is entitled to a 100 percent disability rating. If the highest level of severity is a 3, then the disability rating will be 70 percent. If the highest level of severity is a 2, then 40 percent will be assigned.

Is a TBI a disability?

Yes, you can receive long term disability benefits for a traumatic brain injury (“TBI”). A TBI is a serious and life-changing injury caused by a sudden blow to the head that damages the brain. Suffering a TBI can lead to physical and/or cognitive difficulties requiring intense rehabilitative care.

What is the disability rating for TBI?

The VA rates TBI at 0, 10, 40, 70, and 100 percent. They recognize that there are certain cases so severe that warrant a rating higher than 100%, such as when the veteran cannot work due to the injury.

Can a TBI be diagnosed years later?

Some victims report symptoms more than 20 years after the event which led to a brain injury. In fact, AARP published a piece on old head injuries that provided first-hand experiences of TBI victims who had struggles years later.

Does TBI show up on MRI?

About 80 percent of TBIs cannot be seen on an MRI or CT scan. The only other way to discover a TBI used to be neuropsychological or psychological testing - a fancy way of saying doctors ask patients questions or give them tasks to complete.

Can you have a TBI and not know it?

Yes. Many people who have problems such as poor memory, difficulties in learning and behavioral issues are unaware they are experiencing symptoms resulting from an “unidentified” traumatic brain injury. An unidentified TBI usually stems from a past trauma, and medical treatment was not sought.

What is a traumatic brain injury?

In personal injury law, a traumatic brain injury is a type of catastrophic injury that results from either a blow to the head, a severe jolt of the head or body, or penetration of the skull/brain tissue. When one or any combination of the above occurs, the brain may experience bruising, internal bleeding, and/or torn tissue.

Types of traumatic brain injuries

Traumatic brain injuries range from mild to moderate to severe. However, even mild TBIs are serious, that in some instances side effects may worsen over time, that mild traumatic brain injuries can occur without losing consciousness. Keep in mind that many of the following injuries are “closed head injuries,” i.e.

What causes traumatic brain injuries?

Most TBI-related injuries in adults are the result of unintentional blows to the head, unintentional falls, and car accidents. As noted in the CDC data mentioned above, the majority of fatal TBI incidents occur during car accidents, with individuals involved in motorcycle accidents being much more likely to sustain fatal injuries.

Why hire a traumatic brain injury lawyer to represent my case?

Traumatic brain injuries are often life-altering and are frequently accompanied by life-long medical issues. The list of potential long-term side effects includes cognitive, emotional, physical, sensory, behavioral, and social problems.

What is the statute of limitations on traumatic brain injuries?

Mithoff Law represents victims of traumatic brain injuries from all over the nation. The statute of limitations for filing a claim regarding a traumatic brain injury varies from state to state, and can change depending on what type of suit is filed (wrongful death, personal injury, medical malpractice, etc.).

Mithoff Law: Top traumatic brain injury lawyer

When clients retain a traumatic brain injury lawyer at Mithoff Law, they are able to rest assured that their personal injury claim is in the hands of some of the top lawyers in the country. We have resolved many sizable settlement claims for our clients as well as won significant TBI victories in court for our clients.

What is the relationship between an attorney and a client in a traumatic brain injury case?

The attorney-client relationship over the course of a traumatic brain injury case is much like all attorney-client relationships. It is important for the attorney and client to have a good working relationship so that there is open dialogue as to how the client is progressing throughout the course of his or her recovery.

What is the role of an attorney in a personal injury case?

A further role of an attorney is to collect pertinent medical information regarding the treatment rendered to the injured person. Not only is the personal injury attorney collecting this information, but he or she is also reading it, evaluating it, and communicating with the physician if necessary regarding medical documentation.

What is the goal of an attorney?

Attorneys strive to have an open dialogue and provide a good level of communication with their clients that allows for each of the parties to understand what is going on with their claim, and deal with any issues that may come up throughout the course of the claim.

What is the worst injury?

Traumatic brain injuries are among the worst category of injuries that an individual can suffer. After these injuries take place, there are suddenly many things to worry about that the individual suffering previously had never had to deal with. It is in these crucial, early moments that an attorney needs to be contacted.

Should I consult a personal injury attorney for a traumatic brain injury?

Anyone who has suffered a traumatic brain injury should consult with or retain a personal injury attorney as soon as possible so that the attorney can begin processing the claim and working toward the best recovery possible.

History Of Traumatic Brain Injury

The term TBI is somewhat recent, having come into use in the 1960s and 1970s. Prior to that time, many head injuries were called cerebral accidents or brain concussions. The gradual realization that head trauma can impact brain function as well as cause swelling led to the differentiation between milder concussions and severe closed-head injuries.

And Risk Factors Of TBI?

Causes of traumatic brain injury include motor vehicle accidents, sports, and recreational activities, slips and falls, violence, child abuse, exposure to harmful substances, environmental disasters, airplane crashes, physical attacks, or blows to the head.

Two (2) Types Of TBI

Brain injury is the result of an injury to the head that is caused by a sudden jolt or a blow to the head. The brain begins to swell after trauma, causing increased intracranial pressure (ICP). Doctors may need to perform emergency surgery if your ICP remains high.

TAKING THE NEXT STEP

If you or someone you know has symptoms of traumatic brain injury, seek medical attention right away. There may be treatment options to help ease the symptoms and prevent further problems.

What is intracranial injury?

Also known as intracranial injury, TBI occurs when the brain is injured as a result of a sudden physical force. TBI can be classified as mild, moderate or severe depending on the extent of the damage and present symptoms exhibited by the victim. The fact that this injury is internal differentiates it from other head injuries such as those that damage the scalp and outer skull.

Where is the Kreeger law firm?

At Kreeger Law Firm in Sacramento, California, we focus on helping the victims of traumatic brain injury (TBI) obtain the full compensation they are entitled to for their injuries and related damages after an accident.

Is TBI a physical or mental illness?

Symptoms of TBI are difficult to identify, particularly early on after an injury, as many symptoms are delayed in their onset. TBI can result in a host of physical, cognitive, social, emotional and behavioral effects.

What are the rights of a TBI lawyer?

If you have sustained a traumatic brain injury, a lawyer can help you to determine your legal rights . Most brain injury lawsuits will fall under the umbrella of negligence, especially if you were injured in an accident like a car crash or a slip and fall, but there are exceptions. For instance, if your injury came at the hands of a doctor, then your TBI lawyer may help you to pursue medical malpractice litigation. And if you were injured while using a faulty product, you might consider filing a product liability lawsuit. Regardless of what caused the injury, the laws violated usually pertain to negligence in some way.

How long does a TBI last?

A TBI victim may also experience post-traumatic symptoms that last for a week or longer, potentially even several months. When a person has multiple post-traumatic complications, physicians may diagnose them with “post-concussion syndrome.”

Is a TBI open or closed?

Traumatic brain injuries are usually classified as either open or closed. As these classifications might indicate, an open TBI happens when something fractures or penetrates the skull, while a closed TBI does not break the skull.

What to do if you have a TBI?

So what do you do? The answer is easy: hire a TBI lawyer. A TBI lawyer can organize everything being thrown at you and take care of it for you. Instead of trying to respond to all the paperwork, phone calls, and e-mails yourself, the lawyer can work as your advocate and speak on your behalf.

How to get TBI made whole?

After an accident, the only way to attempt to be made whole is through an insurance claim against the person or company who caused your accident, and only a TBI lawyer can help you achieve that.

How to protect yourself after a TBI accident?

Make sure to protect yourself after your accident by hiring a TBI lawyer. What to Do After a TBI Accident: Call 911 and get medical help. Make sure the police properly investigate the circumstances surrounding the accident. Call a lawyer who specializes in TBI cases and have them handle all the paperwork for you.

What happens after a TBI?

Soon after an accident that causes a TBI, a hundred things will be thrown at you almost immediately. Medical bills will start coming in, and after a couple months, possibly even collections notices . Letters from insurance companies asking you to sign forms will start flooding your inbox.

Do lawyers handle TBI cases?

Although numerous lawyers handle personal injury cases, TBI cases are different. The injury is unique and is not always straightforward. Because of this, a TBI survivor needs a lawyer who specializes in TBI cases. When you speak to a lawyer about your case, you should ask them what their specialty is. Nowadays, all lawyers specialize.

Do all lawyers specialize in TBI?

Nowadays, all lawyers specialize. If they do not say they specialize in TBI cases, you should probably look elsewhere. Of the lawyers who tell you they specialize in TBI, you should ask them how many TBI cases they have successfully resolved in the past five years, and how many TBI cases they have taken to trial.

How much does a brain injury cost?

Injuries involving the brain have the potential to change your life forever. They also tend to be quite costly – ranging anywhere between $85,000 and $3 Million (on average) over the course of a lifetime. That doesn’t even factor in the intangible distress, anguish, pain and suffering that tend to accompany these traumatic injuries. Our attorneys specialize in representing brain injury victims in New York. We will not only help you pursue financial justice, but work to ensure that you are set up to navigate your recovery successfully.

What is orthopedic injury?

Orthopedic injuries refer to any trauma or damage to the musculoskeletal system. This includes broken bones, chest injuries, and damage to your joints – like your knees, shoulders, and elbows. These injuries can have long-lasting, if not permanent, consequences. You might find that you’re unable to work and spend meaningful time with your family and friends. If you’ve suffered an orthopedic injury because you were involved in an accident in New York, our attorneys can help you fight to recover a full financial award from all responsible.

Why are avoidable injuries common in New York?

Sometimes, avoidable injuries happen because the medical professionals we trust make mistakes. When a doctor or healthcare provider is negligent, they can be held financially responsible for the harm they cause their patient. Laws in New York tend to benefit hospitals and insurance companies, so it’s important to have an experienced injury lawyer lead your charge for compensation.

Can you take action in New York for avoidable injuries?

In New York, individuals who suffer avoidable injuries often have the legal right to take action and hold at-fault parties accountable. However, getting money in your hands is easier said than done. At least, that’s true when you take on the fight on your own.

Is a brain injury a life changing injury in New York?

Any injury that results from an accident in New York can be life-changing. However, traumatic orthopedic or brain injuries tend to be particularly catastrophic. These types of injuries tend to be incredibly expensive to treat and manage, and often result in permanent disability.