Consult With an Experienced Birmingham Brain Injury Lawyer About Your Rights
The U.S. Centers for Disease Control and Prevention reports that over 215,000 people were hospitalized with traumatic brain injuries in the United States in one recent year. Living with this type of catastrophic injury can be challenging and often forces individuals to make complete lifestyle changes. When individuals suffer brain injuries due to the negligence of others, it is essential that they understand their rights and the options that are available to help protect them.
Types of Brain Injuries
There are two general categories of brain injuries. These include open and closed head injuries. Open head injuries occur when an object penetrates the skull, potentially causing direct damage to the brain tissue. Closed head injuries, on the other hand, result from blunt force trauma that does not break the skull but can still cause significant brain damage.
In addition to categories of head injuries, there are also several types of brain injuries a person may experience.
Accident-related TBI injuries can include:
- Concussions– These injuries can cause confusion, memory loss, and debilitating headaches. If a victim does not receive timely treatment for a concussion, they risk suffering long-term consequences.
- Penetrating Brain Injury – This injury type occurs when an object penetrates the skull, causing direct damage to the brain tissue. Penetrating injuries often cause localized damage and can lead to severe, life-threatening conditions.
- Diffuse Axonal Injury (DAI) – DAI is a severe form of brain injury that causes extensive tearing of nerve fibers in the brain. This injury disrupts brain function and can lead to coma, long-term disability, or death.
Traumatic brain injuries can be severe and may result in significant motor skill impairments, memory loss, and concentration problems. These injuries often result in long-term physical and cognitive impairments that require extensive medical care.
Symptoms of Brain Injuries
Brain injury victims can experience a variety of symptoms. These can be immediate and long-lasting.
Commonly reported symptoms include:
- Memory Loss –Victims may struggle to remember recent events or have difficulty recalling important information.
- Headaches –Many brain injury victims experience persistent headaches that often indicate underlying trauma.
- Cognitive Impairment – Brain injuries can affect a person’s ability to think clearly, concentrate, and make decisions.
- Emotional Disturbances –Mood swings, depression, anxiety, and irritability are common emotional effects of brain injuries.
- Physical Symptoms –Dizziness, fatigue, balance issues, and sensitivity to light and sound are physical symptoms often associated with brain injuries.
These injuries are often a result of negligence and can have significant consequences for victims.
Common Causes of Brain Injuries
Most common causes of accident-related traumatic brain injuries in Michigan include:
- Motor vehicle accidents
- Falls
- Sports injuries
- Assaults or violent attacks
- Workplace accidents
- Explosions or blasts
- Bicycle accidents
- Pedestrian accidents
Compensation for Brain Injury Victims
Individuals who have suffered from brain injuries may be eligible for different types of compensation. These may include:
- Medical Expenses – This includes any past and future medical bills related to treating the brain injury.
- Lost Wages – If the injury has left you unable to work, you might qualify for compensation to cover lost earnings.
- Loss of Earning Capacity – If the brain injury has affected your ability to work in the future, you may be compensated for the loss of future earnings.
- Pain and Suffering – Brain injuries often cause significant physical and emotional pain, for which you may recover compensation.
Dealing with insurance companies can prove to be one of the most challenging tasks when handling a claim related to a brain injury. Insurance adjustors work hard to minimize payouts and may use various tactics to devalue your claim. For this reason, it is essential to protect your rights proactively to ensure you are not taken advantage of.
Protecting Your Rights Against Insurance Companies
When dealing with a brain injury claim, it is not uncommon for insurance companies to attempt to take advantage of victims during an already vulnerable time. Insurance companies will do everything possible to provide you with little to no money. This often means offering you a settlement that is far less than what you deserve. Understanding how to protect your rights in these situations is critical.
Protecting your rights when facing an uncooperative insurance company requires vigilance and the right legal support:
- Do Not Accept the First Offer – It’s essential to remember that you are not required to accept the first settlement offer from the insurance company. Before agreeing to anything, contact our Birmingham brain injury lawyer to evaluate whether the offer is fair.
- Document Everything– Maintain thorough records of all your communications with the insurance company. It would help if you also continue to document your medical treatments, symptoms, and how the injury affects your daily life. This documentation will be crucial if the insurance company tries to dispute your claim.
- Avoid Giving Recorded Statements Without an Attorney – Insurance adjusters often request a recorded statement regarding the accident and your injuries. While this might seem harmless, these statements can be used against you later. It is wise to avoid giving any recorded statements until you have consulted with your attorney.
- Contact a Brain Injury Lawyer – Working with a Birmingham brain injury lawyer is the most effective way to protect your rights. Your legal team will communicate with the insurance company to help protect your rights and ensure you are not taken advantage of during the claims process.
- Prepare for the Possibility of Litigation – If the insurance company fails to provide a reasonable settlement, your attorney can ready your case for litigation. Even though many cases settle out of court, being ready to litigate shows the insurance company that you are serious about getting the compensation you deserve.
Our Approach to Brain Injury Cases
When you work with our firm, we begin by conducting a comprehensive evaluation of your case. This involves gathering all relevant evidence, including medical records, witness statements, and expert opinions. We work closely with medical professionals to understand the full extent of your injury and how it has impacted your life. This thorough approach allows us to build a strong case and present compelling evidence to support your claim.
We take the time to understand your situation, your goals, and your concerns, and we develop a legal plan to help achieve the best possible outcome for you.
Real Results for Michigan Brain Injury Accident Victims
“Confidential v. Confidential” | | Third-party automobile negligence resulting in a traumatic brain injury from a rear-end collision. |
| | Negligence and uninsured motorist claim causing traumatic brain injury resulting from separate rear-end motor vehicle accidents. |
| | First-party claim arising out of a motor vehicle wherein plaintiff sustained a traumatic brain injury, torn meniscus of left knee requiring multiple surgeries, neck and back pain and lumbar disc surgery. |
Contact Our Birmingham Brain Injury Lawyer Today
The brain injury lawyers at Atnip& Associates, PLLC, have extensive experience dealing with insurance companies that try to minimize or deny valid claims. We know their tactics, and we are ready to counter them effectively.
We offer a free initial phone or virtual consultation, and in certain situations, our attorneys may come to you if travel is difficult. You may also meet with us in person at our Rochester, Michigan office, located a short drive from Birmingham. Contact Atnip & Associates, PLLC today to discuss your or a loved one’s brain injury case.
