Mississippi Traumatic Brain Injury Attorneys
Traumatic brain injuries are scary and can cause lifelong difficulties. These injuries are even more devastating when they happen because of an accident caused by someone else’s negligence.
If you’re reading this, you may have suffered a traumatic brain injury. You may be in pain or experiencing memory, vision, or balance problems. You most likely have missed work, causing you financial hardship. And you’re probably stressed trying to find someone to help with your traumatic brain injury claim.
We are here to help. We offer free legal advice. Contact our Mississippi traumatic brain injury attorneys today.
You don’t have to worry about having money upfront to get the answers you need for your claim. Call us any time and to get your questions answered in a free consultation.
Common Traumatic Brain Injury Claim Mistakes
There are numerous mistakes people often make that impede or damage their claims. Please read through each of these to keep from accidentally compromising your traumatic brain injury claim.
Not Getting Medical Treatment
Sometimes, people with a traumatic brain injury don’t realize how badly they’ve been hurt. This can happen because the surge of stress hormones that occurs with a severe injury can hamper their ability to feel pain for hours. In addition, head injuries aren’t always apparent from the outside.
If you’ve sustained a severe blow to the head, don’t assume you’re okay because you aren’t feeling significant pain and don’t have an obvious wound. Protect your health and your case by getting evaluated by medical professionals.
Seeking medical treatment protects the value of your case not only by creating a record of your injuries, but also by creating a medical timeline. The more closely this lines up with the accident, the more it supports your case.
Don’t risk your health and throw away valuable evidence for your traumatic brain injury claim. Seek medical attention after an injury right away.
Failing to Follow the Treatment Plan Your Doctor Gave You
Another way to support both your health and the integrity of your case is by closely adhering to your doctor’s treatment plan.
There are many forms these instructions can take, from medications to therapy appointments that help strengthen motor skills. You may be instructed to see a counselor if your injury is creating anxiety or depression. Your doctors might also tell you to take a break from one of your normal activities to allow your body time to heal.
No matter what your doctor’s treatment plan looks like, it’s important to stick to it. If you don’t, you are not only risking your health, but also giving the insurance company an opening to blame you for your condition.
Don’t Give a Recorded Statement to the Insurance Provider
Requesting a recorded statement from the injured party is standard operating procedure at most insurance companies. They may tell you that allowing them to record your statement will help your case move as swiftly as possible.
Don’t fall for this.
No matter how sympathetic the insurance adjuster sounds, the goal of the call is to record you saying something that can help them devalue your case.
Many people don’t know that they do not have to speak to the insurance company. In fact, delegating this task to your traumatic brain injury attorney is the best way to protect the value of your case.
Waiting to Contact a Lawyer
Far too many people decide when to call a lawyer based on their state’s statute of limitation for filing.
No matter how long you have, remember your lawyer’s ability to gather quality evidence will drop as time goes by. This also pertains to witness statements. The longer you wait, the more likely it is your witness will forget important details or move and change their contact information.
Don’t make the mistake of waiting to call an attorney.
Choosing the Wrong Lawyer for Your Traumatic Brain Injury Claim
Trusting your case to the wrong lawyer may be the most detrimental mistake you can make.
There are many specializations within the practice of law. Just as you would make sure to choose a doctor whose training matches the type of surgery you need, it’s important to choose a lawyer who has experience in the type of claim you have. The lawyer who did a great job with your friend’s divorce case is not the best lawyer to handle your traumatic brain injury. Neither is your father’s estate attorney, or any other lawyer who does not focus on personal injury.
Your best chance at full and fair compensation for your injuries is with an attorney who specializes in personal injury cases and has handled traumatic brain injury claims.
To take it a step further, it’s important that you call a trial attorney.
Not all attorneys are experienced or accomplished at going to trial.
Not all cases end up in the courtroom, but if yours does, you’ll need someone who is up to the task.
In addition, simply having a trial attorney on your case can influence the insurance company to settle. The insurance companies know who the skilled trial attorneys are in Mississippi, and sometimes they settle just to avoid meeting one of these attorneys in the courtroom.
Whether your claim settles or goes to court, we strongly recommend a personal injury attorney with experience successfully taking traumatic brain injury cases to trial.
Mississippi Traumatic Brain Injury Client Story
The following story is intended to provide additional information about your traumatic brain injury case. The specifics and names have been changed to protect the privacy of our clients. Please read it to the end, and then give us a call to take advantage of our free legal consultation to get answers about your specific case.
On a warm August day a few years ago, Nina Eklund and her sister Beth left Nina’s small home in Mississippi for a trip to the home improvement store. Finally finished unpacking a sea of boxes, Nina was ready to get to work on the small fixer-upper she’d moved into in July with her teenagers, Joe and Tricia.
First on her list was paint for the kids’ rooms. The kids were camping with their dad for the week, and Nina planned to welcome them home to a cheerful, freshly painted house… and maybe some up-to-date, non-ugly light fixtures.
When they arrived at the store, Nina made a beeline to the paint section as Beth meandered among the perennials outside in the garden department.
Grabbing paint trays, rollers, and a drop cloth, Nina spent fifteen minutes in front of the swatch samples, looking for the perfect wall colors. She chose a pewter gray called “Casablanca” for Tricia and a tranquil deep turquoise blue called “Galápagos” for Joe.
Nina ordered a gallon of each, and the clerk told her they would be ready in about 15 minutes. She wandered over to the wood stains, suddenly deciding to restore the moldings instead of painting them. The shelves were packed with cans; there were enough finish options and colors to boggle the mind.
An employee was stocking still more cans onto the top shelf from the platform of a rolling ladder nearby. Nina asked him if they had a brand she’d learned about that morning while googling stains. The worker pointed to the cans on the fourth shelf up on Nina’s left as he worked another can into a narrow gap on the top shelf.
As Nina searched the shelf, the top shelf collapsed sending two dozen half-gallon cans crashing to the floor. Nina was hit by three of them in rapid succession.
She instinctively hunched, putting her arms up for protection. The first can broke the ulna of her right arm, the second fractured her left wrist, and the third struck her on the head, hard. Nina hit the floor among the cans, motionless.
Nina’s traumatic brain injury kept her in the hospital for three weeks before she was transferred to a rehabilitation facility. Her ex-husband Seth brought the kids by every evening once she was well enough for visitors. Nina’s sister moved Joe and Tricia in with her until Nina could come home.
A few days after Nina was transferred to the rehabilitation facility, Beth called us. She said she and Nina had discussed it and wanted to get answers about a possible traumatic brain injury claim. Nina had three main concerns; how much it would cost to hire a lawyer, how much Nina’s case was worth, and how long the case might take.
How Much Does It Cost to Hire A Lawyer?
We sat down in Nina’s sunny room overlooking the garden. There was a fountain a dozen feet from her window, and two toddlers were gleefully splashing their hands in the water beside their grandfather.
Nina was happy to see us, eager to get some answers.
As we sat down, Nina matter-of-factly said, “Looks like I’ll be out of commission for a while, and there’s not a lot of savings left after the move. How much does it cost to hire you?”
We reassured Nina that there would be no upfront cost.
“We work on a contingency basis, covering all the costs of the case from start to finish. When it wraps up, we only get paid when we bring your case to a successful resolution.”
“That’s good news,” Nina said, relieved.
How Much is My Case Worth?
“How much could a case like mine be worth?” Nina asked.
We told her it’s difficult to say right at the beginning of a case.
“Before we can tell you that, we’ll need to conduct an investigation and have a clear understanding of your damages.
“The investigation involves gathering evidence at the scene, doing any necessary research, and interviewing witnesses.
“We could begin the investigation right away, and we’d also work up all aspects of your claim as if your case were going to trial. But the second factor in determining the value of your case is knowing your damages.
“To accurately assess your economic and non-economic damages, we’ll need your help.
“You’ll need to focus your energy on your recovery so you can reach maximum medical improvement. This is a term that simply means getting back to your normal level of health before the accident.
“If “back to normal” as you knew it before your injuries is not possible, maximum medical improvement will be when you reach the highest level of recovery your doctors consider possible.
“In addition to resting, you can help to keep your recovery on track by closely following your doctors’ treatment plan.”
“Which one?” Nina asked, only half-joking, “I’ve got a slew of doctors to pick from: physical therapist, occupational therapist, traumatic brain injury nurse, neuropsychologist. The list goes on, but I can’t remember them all.”
“You need to follow the treatment plans of all of them. Not only will it help you heal as quickly as possible; it will prevent the insurance company from blaming you in any way if there are challenges in your recovery.”
“Don’t worry, Nina,” Beth said, “That’s why you are here where your doctors can help you with your recovery for a while.”
We explained to them that once Nina reached maximum medical improvement, we’d know she was finished with surgeries. We’d then have a good idea of what any future medical treatment for her injuries would be.
“This is when we’ll know your damages and can tell you the value of your case.”
Nina gave a resigned nod, and her sister smiled.
How Long Will My Case Take?
“So, how long do you think my case will take?”
“That too, is hard to predict in the beginning. It will partially depend on how long it takes for us to assess your damages.
“Once we know the damages, we’ll send a demand letter to the insurance company. From there, your case timeline will depend on whether or not the insurance company is fair and reasonable in arriving at a settlement.
“If they are willing to work with us, your case will proceed quickly. If the insurance company fights us, we’ll need to take them to court.
“Don’t let this possibility worry you, though, Nina. We have extensive experience bringing cases before juries with successful outcomes. Ironically, the fact that the insurance company knows who we are may get them to settle before the case gets that far.
“No matter which way your case goes, it’s in your best interest to hire an experienced personal injury trial lawyer who’s won traumatic brain injury cases at trial.”
Nina was comfortable with our answers to her questions and hired us. Her case did end up going to trial, and we are happy to say she was astonished by the award we succeeded in getting the jury to request on her behalf.
Call Our Mississippi Traumatic Brain Injury Attorneys Today
We hope you’ve gotten some answers to your questions from this web page. Every case is unique. Give us a call as soon as you are able and get answers about your specific case during a free, legal consultation. You do not have to take on your claim all by yourself. Contact us for free legal advice today.