Brain Damage & Head Trauma
When to Hire a Brain Damage Attorney in Phoenix, AZ
Brain damage happens for a number of reasons. Whether it’s a result of improper delivery, see “Birth Injury”, or head trauma, when brain damage occurs in small children, some may experience severe cerebral palsy or epileptic seizures. In some cases that involve a blow to the head, minor to severe memory loss may cause altered personalities in victims. Traumatic brain injury (TBI) from car accidents or motorcycle accidents are one of the most prevalent, and even highest costing, injury problems in the US. Injuries that happen to the brain can often go undiagnosed and untreated because people believe that problems only arise when the injury is bad enough or noticeable enough to seek treatment. However, that is not true; even a mild bump to the head can cause measurable injury and long-term damage under the right conditions, and the only way to know for certain if injury to the brain has occurred is to undergo assessment.
Damage can vary from aneurysms, also known as blood clots, to hematomas, including bruising to one’s brain. There is a handful of vaccines and chemicals that may cause disabilities including minimal impairment of cognitive function to immediate loss of life. At Hirsch & Lyon Accident Law, we have extensive experience in dealing with all forms of brain damage, and we can take on any case, no matter the extent of the damage. Our goal is to fight for your rights and secure a settlement that meets your needs.
Even when we’re dealing with the most basic brain damage case, we’ve got it covered. If you’re up against brain damage that has caused long-term impairment, we can help find a solution. We have researched settlements that ranged from $100,000 to over 10 million dollars. Typically, the key elements when ascertaining the amount of a settlement will be dependent on the sum of medical expenses, the pain and suffering endured, assisted care fees, and loss of wages.
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Medical expenses associated with brain damage can exceed $100,000 if a patient is hospitalized and requires physical or vocational rehabilitation. Taking care of these high medical bills after an accident is usually the main objective of the victim or their family members. Oftentimes, the person who’s responsible for the brain injury will have insurance, and the insurer will send out an “adjuster” to discuss the claim and settle, and that’s why it’s so important to be represented. These types of settlements may well include that the adjuster’s insurance company is required to pay for future expenses and life-care fees.
You should never, at any time, agree to any kind of compensation or resolution with an adjuster before consulting an experienced attorney first. The attorney should be one who deals with brain damage cases on a regular basis. Keep in mind, brain damage cases differ from other cases, and just settling for the cost of medical care, even five times the amount due, is not an option you want to consider when it comes to the compensation of the victim. Sometimes, when a victim is comatose, the healthcare bills will pile up and keep coming in, and at the same time, the damage to their foreseeable future is affected significantly with each and every day they remain in a coma. Be sure you contact Hirsch & Lyon Accident Law right away if you are called upon by an insurance adjuster or if a different law firm recommends that you simply be satisfied with the medical care reimbursement or even three times the amount.
Pain and Suffering
Pain and suffering computations tend to be coupled with the loss of wages and injury to one’s family lifestyle. More often than not, to determine those damages, you might want to check out the long-term effect on the brain damage victim.
You will need to concentrate on just how much the life care expenses are going to be together with the lost wages and damage to the victim’s family lifestyle. Usually, the awarded amount for pain and suffering is greater than the rest of the damages put together. If this happens, it’s due to the realization that although somebody’s potential earnings could have totaled $1,000,000 in their lifespan, it may not be worth any specific sum of money to stay in continuous pain and have a significantly reduced IQ or vegetative condition. The same applies if the brain damage does not prohibit work, but the victim’s lifestyle is significantly lowered.
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Life Care Costs
Life care expenses can become a part of the brain damage victim’s future, and this cost not only affects medical expenses, but it also refers to rehabilitation expenses and in-home care fees. Usually, the majority of the in-home care is given by other members of the victim’s family, but, this does not mean the care is free or given without charge. Family members want to help, but this can also negatively impact their own employment and lifestyle. It is crucial to your case that you work with the right experts who understand these circumstances and can help produce the appropriate testimony throughout the settlement stage, and if necessary, at the time of the trial. At Hirsch & Lyon Accident Law, we’ll contract the highest trained “life care specialists” to work with your family and the victim’s case.
When calculating costs associated with a brain damage case, employment damages should be factored in as well. Because the victim may no longer be able to perform they work duties, compensation may be the only solution. Of course, there are times where the victim can seek out employment in another field, but the pay is at a much lower rate than what their previous lifestyle afforded. There are also cases where the victim can no longer work at all or the severe injury occurs to a child preventing them from ever attending college or securing a job. Because calculating the past, present and future loss requires a skillful legal team, look to the Hirsch & Lyon Accident Law team.
Even in cases where a brain damage victim seeks and secures employment, but later is unable to carry out required duties, it’s imperative that they have the high-caliber representation they need and deserve, and that’s where we come in. We can often prove that a victim will often lose that employment shortly after their brain injury, or they do not get promoted within their workplace.
Even in the most minor of cases of brain damage, the victim’s employment span will likely be short-lived, and in order to calculate damages, our legal team will need to assess the wage potential in order to calculate how much they will lose over the life of their lost career. Calculating a total number of years and amount is achieved by utilizing a “multiplier” that incorporates inflation factors as well as any possible increases in a particular occupation and its market value. Having specialists who really understand vocational factors will ensure that the amount to be compensated is accurate and up to date, thereby minimizing any possible losses in the future.
This amount may not be the largest amount requested, but it is typically the most understandable calculation that the average person will be able to comprehend. Typically, this formula is easy for a juror to understand since it shows how “X” amount of dollars will be lost over a span of the victim’s lifetime. When this calculation is determined and then combined with current medical expenses and all future costs associated with life care, it tends to elevate the amount rewarded for the pain and suffering. Jurors seem to understand the difficulty a victim faces financially, and they will realize why they should not be made to settle for less that they deserve. With all the jury will have to consider, we, here at Hirsch & Lyon Accident Law, will also make certain that the insurer understands all of this information as well, and prior to the trial we will attempt to negotiate an appropriate settlement in the case.
Hirsch & Lyon Accident Law is a very reputable firm with a great deal of experience. Conducting over 200 combined jury trials involving a number of diverse cases gives us the know-how to get things done right and in a timely fashion. Phoenix injury lawyers at our firm have a high level of legal acumen, and we’re proud to be aggressive with our approach. We’ll go above and beyond to get you the highest settlement amount possible, and we’ll also help you work through doctor treatments and medical liens. We’ll handle these issues so that you never have to worry about any out-of-pocket expenses or upfront fees . Give the Hirsch & Lyon Accident Law team a call at (602) 691-7278 or Contact Us today. With us, you are more than just a client; you are a human being who is in need.