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Brain Injury Attorneys
Philadelphia, Pennsylvania
Traumatic brain injury (TBI) lawsuits are complicated and often very confusing for victims and their loved ones. Severity ratings are misleading, head injuries may not be involved, and symptoms can take years to surface. When brain injuries occur with no obvious head wound or without the loss of consciousness, often the case in TBI caused by whiplash, victims may not even realize that they have a brain injury until they experience a dangerous or frightening event, such as a seizure.
How can I prove that I have a brain injury?
Brain injuries don’t always show up in tests such as MRI’s, CT scans, x-rays, or EEG’s. Often a battery of tests will be required to determine the existence of TBI. Symptoms such as difficulty concentrating, psychological and behavioral changes are all common results of TBI, and should be backed up by testimony from friends and family. Changes in job performance often accompany TBI. Newly developed epilepsy is a strong indication of TBI – about half of all TBI victims develop epilepsy within a year after being injured.
Can the insurance company request my medical records?
Yes. When you file an insurance claim for a brain injury you give up doctor-patient confidentiality. The insurance company uses your past medical records to determine whether or not you had preexisting mental health problems or cognitive impairment. This is necessary in order to prove that the brain injury is the cause of the problems for which you are seeking compensation. However, you should be very cautious. Do not sign anything without having it reviewed by an attorney with an in-depth understanding of TBI cases.
What if I incur an incapacitating brain injury and I have not established a living will or power of attorney?
Normally in these situations decision making powers are granted to your spouse, parents, adult children, or an appointed legal guardian. As unpleasant as it is to think about, it is well worth your time and effort to plan ahead. Without an established and legally documented plan, things can quickly go wrong. Even the most well-intentioned loved ones can radically disagree on important decisions including medical care and how to handle finances. The state may step in and appoint a temporary representative.
Do I have a case even though the doctors say my brain injury is mild?
Yes. Brain injuries are rated according to the Glasgow Coma Scale, and the severity refers only to the initial injury, not the effects of the injury. The outcome of a brain injury depends more on the area of the brain which is damaged than the severity of the injury itself. Even a “mild” brain injury can cause severe physical, emotional, cognitive, and behavioral problems resulting in short or long-term disability.
Do I need a lawyer with previous brain injury lawsuit experience?
Yes. Brain injury lawsuits are very different from other types of personal injury lawsuits, and require special expertise. Simple tests are rarely adequate to prove the existence or effects of TBI. You may have to work with several specialists and undergo a battery of tests. Comparisons will be made between your pre and post injury conditions, and expert witnesses may be required. The long-term effects of TBI are difficult to impossible to predict. Recovery often involves extensive treatment and rehabilitation, and some TBI victims will require a lifetime of care. An experienced brain injury attorney can help you get adequate compensation to ensure that you can get the healthcare that you need.
In case of traumatic brain injuries, please contact the brain injury attorneys at Pomerantz Perlberger & Lewis in Philadelphia, Pennsylvania today to put over 100 years of combined experience on your side.
