Traumatic brain injuries, which are one the most common types of injuries suffered in motor vehicle accidents, pose significant physical, financial, and emotional challenges. Recovering from such an injury is often a slow process. Car accident victims might need months or years to regain their full cognitive functions. Unfortunately, some accident victims never fully recover from a brain injury, these victims might require a lifetime of supportive care. As accident victims with brain injuries progress through the healing process, loved ones often become caregivers and indefinitely provide for the victim’s physical and emotional needs.
Automobile accident cases where the victim has sustained a brain injury are among the most complex types of personal injury cases for a number of reasons. While the legal process generally is too complex for any layperson to navigate when pursuing a car accident claim, brain injuries present special challenges that necessitate legal representation, such as:
- Delays in Manifesting Symptoms: Many people who suffer head injuries during a car accident experience no significant symptoms in the immediate aftermath of the crash. While an “open head injury” will be obvious because it involves penetration of the skull, “closed head injuries” might not present any overt signs of injury. An auto accident crash victim that has no symptoms right after the crash can subsequently experience swelling and bleeding that causes growing pressure on the brain. This growing pressure can result in an accident victim quickly deteriorating after a period of feeling fine. A vehicle occupant who suffers ANY head injury in a crash should seek prompt medical attention. Physicians can use special diagnostic tools like CT Scans, MRIs, and related imaging tests to identify the nature of the injury and to take action to improve the patient’s prognosis. Further, these scans and the medical records will provide critical evidence of the extent of injury. A personal injury attorney who has handled brain injury cases can guide you in the proper direction in terms of establishing medical evidence of your injury and related disabilities.
- Staggering Medical Bills: Another challenge in pursuing a legal claim involving a collision-related brain injury is that the medical bills typically will be hundreds of thousands of dollars. While you might have health insurance to cover these costs, you might face staggering co-payments and other costs that your insurance does not cover. An experienced Mississippi car accident lawyer often can help you get such expenses covered by arranging for the medical facility or physician to perform services subject to a medical lien. This means that the doctors and medical facilities get paid out of the recovery when the case results in a settlement or trial verdict.
- Complex Medical Evidence & Experts: When a traffic accident victim suffers severe injury to the brain, the relevant evidence will involve complex medical information and terminology. Medical experts like neurologists might need to testify regarding the nature and extent of your injuries. These experts also can be used to testify to a jury and help explain complex medical evidence in an understandable way. If the brain injury is severe enough that the victim will never fully recover, other experts also might need to be retained. A vocational counselor might need to testify regarding occupational limitations created by the effects of the head injury. Alternatively, an economic expert might be needed to testify about the financial value of some aspect of the victim’s damages.
These are just a few of the special obstacles that brain injury victim’s must overcome when pursuing a personal injury claim. Our experienced Mississippi car accident lawyers have experience taking on large insurance companies, so we anticipate their tactics and respond in a way calculated to maximize the recovery we seek for our clients. If you or someone that you love has suffered a brain injury because of an automobile accident, the experienced Mississippi automobile accident attorneys at Porter & Malouf, P.A. are here to represent victims of careless and inattentive drivers. Call our office today at (601) 957-1173 to schedule a free initial consultation.