Getting started on civil litigation is best done as soon as possible following a traumatic brain injury (TBI), and the best way to do that is by confidentially speaking with an experienced personal injury attorney. Initial consultations in Richmond traumatic brain injury cases typically focus on establishing an injured party’s baseline health, determining where key evidence might be, and making plans to pursue and preserve that evidence.
Because these injuries are often so severe and pressing, lawyers typically get to work as soon as possible after being retained for traumatic brain injury cases. The importance of helping someone who cannot cognate well is paramount.
Additionally, when an insurance company hears that someone has a potential brain injury from a car crash or any other type of accident, they usually begin working hard to disprove liability, or to argue that the injury was not as severe as the plaintiff claims. A lawyer working on behalf of a TBI victim must beat the insurance companies at their own game by retaining a private investigator, speaking with police officers, EMTs, or requesting body cam footage or other evidence. Given all these factors that play into a traumatic brain injury case, any delay could negatively affect a plaintiff’s ability to recover.
During an initial consultation with a potential client who has sustained a TBI, the lawyer is trying to determine the basics of the case so that they could assess what the potential is for liability. Medical records are particularly important because they often play a primary role in determining both liability and potential damages.
They also always try to get a status check on where the injured victim is in terms of the treatment process. For example, they might ask if they have been seen by someone other than a primary care physician, or if they have had any radiology studies of the brain conducted.
Lawyers also always want to talk to the injury victim’s family members to see what they have noticed, because with traumatic brain injuries in particular, victims often put on a brave face. They tell doctors and lawyers about some of the basic problems they have, but a lot of what their injury does to them they either do not see or are may be unwilling to admit.
Because of this, the observations of family members are extremely important pieces of information, as they are usually how attorneys find out about a TBI victim’s depression, anxiety, irritability, changes in daily routine, and changes in activities of daily living. Finding out what the family is seeing is probably the biggest difference with a traumatic brain injury claim compared to a typical personal injury case, in terms of initial intake procedures.
A successful civil case based on a traumatic brain injury case requires both substantial physical evidence and compelling testimony from subject matter experts, accident witnesses, and family and friends of the injured party. Compiling and effectively presenting all this information requires a detailed and thoughtful legal strategy, which is just one of the things a TBI lawyer could discuss with you during an initial consultation regarding your Richmond traumatic brain injury case. Call today to get started.