When to Hire an Attorney for a Brain Injury

Insights
June 13, 2023

If your client has suffered a brain injury due to another party's negligence, they may be able to file a catastrophic injury lawsuit to recover their losses.

Read this guide to learn four reasons why brain injury survivors should hire an attorney and common brain injury types. You'll also learn how to seek legal representation for your client.

4 Reasons Brain Injury Survivors Should Hire an Attorney

Survivors have four main reasons for hiring an experienced traumatic brain injury attorney:

Loss of Enjoyment of Life

Depending on the nature of their injuries, brain injury victims may no longer be able to enjoy certain activities or hobbies. For example, traumatic brain injuries (TBIs) may lead to poor balance, resulting in an inability to bike or mountain climb.

Fortunately, victims can receive damages for loss of enjoyment of life. However, such losses can be difficult to prove because they're intangible. If you're an individual lawyer or a small law firm with limited resources, time and catastrophic injury lawsuit experience, an experienced Pennsylvania brain injury lawyer can evaluate a victim's situation and fight for their rights on your behalf. 

Accidents That Impact the Brain Can Be Life-Changing Injuries

Like many other catastrophic incidents, accidents that impact the brain can be life-changing. For example, some victims become paralyzed due to brain injuries. As a result, they can no longer eat and walk independently. They may also have:

  • Disfiguring scars and burns that impact their self-image
  • A closed head injury and severe headaches that prevent them from working full-time
  • Amputations that limit their ability to work and live independently
  • Severe psychological issues such as emotional distress, post-traumatic stress disorder, anxiety and depression
  • Cognitive issues such as memory loss

While money can't fix life-changing injuries, victims can get a skilled brain injury attorney to take legal action and recover past, current and future costs. They can also use the money to get better treatment.

Negligent Parties Should Be Responsible for Medicare Care

Medicare costs for brain injuries can be extremely high. Accordingly, you should consider referring brain injury victims to top law firms like McEldrew Purtell. These lawyers can hold responsible parties liable for Medicare costs. Unlike smaller and less experienced firms and attorneys, these law firms have the money, time, staff and expertise to get your clients the results they deserve. McEldrew Purtell, in particular, boasts:

  • 28 dedicated and passionate legal professionals
  • Award-winning results, including $50 million in medical malpractice recoveries

Seemingly Minor Trauma Can Have Major Implications

Minor trauma — such as minor headaches, sensitivity to light and noise, lightheadedness and balance problems — might be symptomatic of larger issues, such as loss of consciousness, skull fractures and ruptured blood vessels. 

Left unchecked, these minor problems may cause life-altering conditions, such as blindness, slurred speech, seizures, behavior changes and memory loss. Victims may also lose their chance to get the damages they deserve. For instance, they may only get $2,000 for lightheadedness and minor balance problems when they actually deserve $200,000 for a ruptured brain vessel that will later cost them their vision.

The right personal injury attorney can work with doctors to:

  • Identify the severity of the victim's injuries
  • Identify all consequences of the victim's injuries
  • Build and advance a case for maximum recovery
  • Hold the responsible party liable for: 
    • Economic costs like medical bills
    • Non-economic costs like loss of enjoyment of life and emotional distress

Common Types of Brain Injury

There are many types of brain injuries, including:

  • TBIs: These are brain injuries caused by trauma to the head. Typical causes include assaults, traffic accidents, falls and accidents at work and home. Effects of TBIs can be wide-ranging and depend on several factors, including location, type and severity.
  • Intracranial hematoma (ICH): ICH is bleeding in the brain caused by the rupture of a blood vessel. There are several types of ICH, including:
    • Epidural hematoma: This occurs when a blood clot forms under the skull but on top of the dura, the covering surrounding the brain. Epidural hematomas usually result from a tear in the middle meningeal artery, which runs just under the skull. They're usually associated with skull fractures. 
    • Intracerebral or contusion hematoma: An intracerebral or contusion hematoma is a brain bruise. It causes swelling and bleeding inside the brain where the head was struck. It usually occurs with skull fractures and other ICHs like epidural or subdural hematomas. 
    • Subdural hematoma: This happens when a blood clot forms underneath the skull and dura, but outside the brain. They're usually the result of a cut on the brain or a tear in the veins that extend from the brain to the dura.
    • Diffuse axonal injury (DAI): DAIs happen when the brain is shaken back and forth. Patients with DAI have many brain injuries and are usually comatose. 
  • Skull fractures: A skull fracture is a break in the cranial bone or skull. There are four main types of skull fractures, including:
    • Depressed skull fractures: This kind of fracture may be seen with or without a cut on the scalp. In this brain injury type, part of the skull is sunken from the trauma. Depressed skull fractures may require surgery to correct the deformity.
    • Linear skull fractures: The most common type of skull fracture, a linear fracture involves a break in the bone that doesn't move the bone. Patients can usually resume normal activities after a few days. 
    • Basilar skull fractures: The most severe type of skull fracture, basilar skull fractures involve a break in the bone at the skull base. Patients with this injury often have bruises behind their ears and around their eyes. They may also have fluid draining from their ears or nose due to a tear in their brain covering. 

Seek Legal Representation and Get the Compensation You Deserve

Getting the maximum compensation for brain injuries is challenging. Without the proper resources, expertise, time and energy, you may not be able to get what you deserve.

That's why you should trust a qualified law firm like McEldrew Purtell. Just tell us about your needs, and we'll match you with reputable Pennsylvania brain injury attorneys who fit your needs. Besides handling your traumatic brain injury cases, our lawyers can also. Call or email us today to learn more about how we can help you.