Traumatic Brain Injuries: The Medico-Legal Process of Proper Evaluation, Documentation and Analysis
Proper Evaluation, Documentation, and Analysis
We represent brain injury victims when sufficient evidence supports either a claim for workers’ compensation benefits or claims for compensatory damages pursuant to actionable negligence by a third-party, whether an individual or corporation, which generally is referred to as a tortfeasor (i.e., a person who commits a tort, a civil wrong for which they are liable to pay the injured party compensatory damages).
We focus on the interplay between medicine and the law, coupled with the practical circumstances facing the brain injury victim.
Many brain injury victims require legal representation to ensure that they receive fair and equitable compensation. In our experience, a brain injury victim may be receiving excellent medical care, but the professionals providing such care may not appreciate the legal and practical issues affecting the patients and their families. As a result, they need a voice of their own, so to speak, an advocate – but one that is knowledgeable, compassionate, and experienced.
The hardship facing many brain injury victims and their families can seem overwhelming. They typically are unable to work and help support their families, and, some must rely upon a spouse or other family member for daily assistance, including what is referred to as safety supervision or attendant care, as discussed further below. Furthermore, occasionally the brain injury patient may not be getting the best and most appropriate care available simply due to a lack of insurance or financial resources, or, if they were injured on-the-job, due to a denial of workers’ compensation benefits.
Before discussing workers’ compensation, an overview of the key medical concepts involved with brain injuries will be helpful.