Brain & Spinal Cord Injuries

F.A.Q.

WHAT CAUSES BRAIN INJURIES?

Brain injuries are caused by concussions and other traumatic head forces that cause damage to the brain (e.g., car accident, gunshot wound to the head, assaults, falls). Brain injuries can also be caused by subconcussive head impacts or hits to the head that don’t cause full-blown concussions.

 

Furthermore, brain injuries can be caused by other health issues like strokes, bleeding in the brain, lack of oxygen to the brain, brain infections, fluid buildup in the brain, toxic exposure and poisoning, and brain tumors.

ARE TBI's PERMANENT?

TBI's can result in permanent brain damage as a full recovery is not guaranteed and largely depends on the severity of the brain injury, the nature of the injury, and the treatment received among other factors. Mild TBI's are defined as loss of consciousness and/or confusion and disorientation for less than 30 minutes while severe TBI's are defined as loss of consciousness for more than 30 minutes and memory loss after the injury or penetrating skull injury for longer than 24 hours. Some TBIs may not be permanent but they may be long lasting.

What is the DIFFERENCE BETWEEN A TBI AND A CONCUSSION?

• All concussions are TBI's but not all TBI's are concussions.

 

• TBI's can be moderate or severe. A concussion is a mild or moderate TBI.

 

• TBI's are divided into two categories: open and closed. Open head injuries are when the skull is broken or removed, allowing an outside force to act directly on the brain. Closed head injuries happen through an intact skull where the external force never comes into direct contact with brain matter.

 

• Concussion is the most well known type of closed brain injury. Concussions do not result in immediate danger of death but can have nasty long lasting effects. Concussions are usually difficult to diagnose.

 

• Severe TBI's can be life endangering and can lead to a coma. Severe TBI's can also result in long-term disabilities and permanent brain damages.

WHO RECEIVES MONEY AFTER A SUCCESSFUL BRAIN OR SPINAL CORD INJURY LAWSUIT?

In brain and spinal cord injury cases, much of the money will be for the person who has suffered the injury. While family members often suffer right along with their injured loved one, the law does not usually allow them to be financially compensated. If the injured person is a child, or not mentally capable of handling their own affairs, the law requires the money be placed in a protected trust and only used for the injured person’s direct benefit.

 

This can be difficult for many parents and family members to accept. We often hear things like “why would anyone think I would steal from my baby?” Or, “I have other children and family members who have been impacted by the added time and money it has cost to care for our injured loved one. Why can’t we use the money to help our whole family?”

 

These are legitimate and totally understandable questions. Dealing with these issues is never easy. That is why we continue to work with our clients even after the case is successfully resolved. We work with trust managers, trust lawyers, and asset managers who are experts in this area of law, and who understand that our clients need to be cared for as a family unit. While each case is different, our goals are always the same:

 

• Ensure that the injured victim will be able to afford the care and services he/she will need in the future;

 

• Ensure the injured victim will be safe and secure even after his/her family can no longer care for him/her;

 

• Ensure that the family is satisfied with the plan that has been put into place.

Do I have a Case?

The answer to this question is rarely easy. The first step is contacting us to discuss the facts and circumstances of your injury. We never charge a fee for this discussion. In fact, we don’t charge our clients any fees unless we are able to secure a recovery for them.

HOW MUCH WILL IT COST TO FILE A BRAIN OR SPINAL CORD INJURY CASE?

Nothing.

 

There is no cost to you unless we win. If the case is successfully resolved, the costs of the lawsuit are repaid from the recovery.