It goes almost without saying that brain injuries are life-altering.
You do not need to be a neurologist or have a medical degree from an ivy league school to understand that everyone’s brain is the control center of their world. That is why traumatic injury to a person’s brain is not only life-altering for the individual who has suffered the physical trauma, but it further causes a foreseeable and crippling ripple effect of trauma and life-altering responsibilities and damages for family and loved ones.
By definition, a brain injury refers to damage to the head or brain that can affect the victim’s motor function, cognition, and emotions. Brain injuries are often a result of blunt force trauma or a penetrative injury of the head. The effects can range from mild to severe health consequences, including traumatic brain injury (TBI).
Legally, a brain injury is considered a “catastrophic” injury. As brain injuries occur in diverse circumstances, they require skilled and comprehensive legal support to navigate the complex legal issues associated.
Schiffer Law Firm represents injury victims first to help determine the strength and viability of their injury claim and then prosecute their lawsuit against the liable parties to recover financial compensation to cover all past and future damages that resulted from the incident.
It is simple cause and effect: an individual who suffers a brain injury requires extensive and immediate medical treatment and physical therapy. Medical treatment and physical therapy are expensive. However, the unfortunate truth in almost all brain injury cases is that the injury forces the individual to either leave work for extended periods and lose necessary income or cease the ability to work altogether.
These new extreme financial burdens are then added to the financial responsibilities of their family. These traumatic events can destroy a family both financially and emotionally.
That is where Schiffer Law Firm comes in.
Schiffer Law Firm can help in the immediate aftermath of traumatic brain injuries and related trauma to determine if you and your family can make lawful claims for compensation to cover all damages arising from the injury.
Brain injuries can occur due to a variety of traumatic events, from car accidents, slips and falls, intentional assaults, workplace negligence, or even medical malpractice. For example:
Say our client works at an airport and is performing their job duties correctly. However, another employee at the airport is negligently performing their job and drops a heavy object on our client’s head, causing a severe brain injury requiring our client to be sent immediately to the hospital.
Schiffer Law Firm is immediately called to the hospital by our client or their family. We arrive and immediately explain the legal rights to our client and his family under the circumstances. We alert both the hospital and our client’s employer that our firm represents our client. We immediately demand all evidence that relates to the incident be retained and not destroyed. (i.e., video footage, training files, incident reports, voice recordings, witness statements, police calls, etc.)
We then assist our client in determining their damages.
All of these things are determined by Schiffer Law Firm and our team.
Suppose you’ve suffered a severe brain injury and it was caused by the negligent or reckless acts of another, particularly at work or in a motor vehicle accident. In that case, the at-fault party’s insurance company will want to contact the injured victim immediately and offer a meager amount of “cash now” in exchange for a signed settlement agreement to waive the injury victim’s ability to seek future injury claims.
For example, an at-fault company’s insurance adjuster may offer the victim $25,000 in agreement to waive all future injury claims. At the time, this may seem like quite a bit of money.
However, what the family usually does not know, and the adjuster fails to offer as a consideration to the family, is the likely possibility that throughout the individual victim’s life following this injury, the costs associated with the injury could add up to millions of dollars in damages, including medical expenses, transportation, lost work, medical supplies, increased insurance premiums, etc.: This has not even begun to include the damages associated with pain and suffering, mental anguish, and other non-economic.
An injury lawyer’s job is to assist in determining the extent of your foreseeable life-long damages and receive those damages now. That is why everyone has heard the stories of certain injury cases that seem like “minor” incidents where a victim recovered hundreds of thousands if not millions of dollars. It compensates them for the foreseeable costs of the injury for the remainder of their life, not just the current expenses.
An injured party only has one chance to recover the money they will need for the rest of their life. If the injured party does not get that compensation now, they will not be entitled to come back later and request more.
That is why it is paramount you and your family call as soon as possible after an injury!
Once we have established the facts, our lawyers can help identify the entity or person liable for your injury due to misconduct, such as another driver, a business owner, a medical practitioner, or a work supervisor.
Our experienced attorneys can strategize the best course of action to protect evidence and build your injury case to recover compensation for the damages your brain injury has caused. Our lawyers can accurately determine and justify the extent of your injuries and the associated long-term damages through meticulous attention to detail.
Due to the difference in the statute of limitations from state to state, it is crucial to seek legal help as soon as possible following your injury despite medical conditions and financial costs not having been finalized.
The damages you experience from a brain injury include both economic and non-economic damages.
It is impossible to say with a broad brush what compensation any injury victim is entitled. It inherently is a case-by-case analysis. However, as outlined below, our job is to determine both the economic and non-economic damages for your claim and not roll over and settle for less when the opposing side inevitably tries to pay $0 or minimal amounts.
Economic damages relate to expenses that have been incurred by the injured party or are foreseeable in being incurred, such as medical bills, prescription costs, physical therapy, lost wages, future lost earning capacity, and so on. These damages are critical to your claim because they are foreseeable expenses you will have to pay if you do not get compensation from the liable party to incur those costs.
Say a drunk driver recklessly causes a car accident that leaves a 25-year-old driver with a traumatic brain injury.
It is determined and foreseeable that the young injury victim would have, throughout their life, over $2,000,000 in total lost income, medical and hospital bills, prescriptions, specialist treatments, diagnostic testing, and so on.
Because the young injury victim did not die in the accident, they are likely to live for another 50 years with this traumatic condition.
However, if the driver does not receive the $2,000,000 in their injury lawsuit, all related costs would fall on the victim.
That means if the victim were offered by the insurance company $100,000 to settle the claims, the injury victim and their family would be paying approximately $1,900,000 for something that would not have occurred but for their policyholder’s reckless conduct.
That is why long-term economic damages are so critical throughout an injury claim.
Non-economic damages relate to damages that cannot be expressed via a bill or receipt. Think Pain and Suffering; Mental Anguish; Humiliation; Embarrassment; and so on.
These damages are just as critical to your claim as economic damages because they are “under the surface” damages that are almost guaranteed but highly subjective to the individual and the circumstances surrounding the injury-producing event, injury, and recovery.
In the above example with the drunk-driving accident, say the injured victim is in the hospital for six months. While in the hospital:
Non-economic damages do not have a receipt. There are no invoices by medical providers or other entities. Yet, they are damages nonetheless that deserve the full respect of compensation.
Again, the compensation you may be entitled to will depend upon multiple factors of your case.
The sooner you call, the sooner you will have an understanding of your possible compensation.
The personal injury firm you hire could be the difference between resolving your case and recovering $10,000 or $10,000,000 in both past and future damages.
The result of every injury case is resolved on a case-by-case basis. Nonetheless, it’s the quality and skill of the lawyers fighting on your side who help uncover the truth behind your actual damages and increase your probability of a higher recovery.
Schiffer Law Firm operates in Texas and throughout the United States.
Schiffer Law Firm can provide you and your family with immediate legal assistance and advice following you or a loved one’s brain injury.
Contact us today for an in-office or remote free case evaluation.