Dear Friends: Good day, stay positive and be courageous.
Now that we’ve discussed How to Hire the Right TBI Lawyer and why it’s so important to select experienced and competent counsel to represent you and your family in a traumatic brain injury case, this blog shall discuss when you should seek the help of counsel.
Now is when you should seek out the help of a qualified lawyer. And by now I mean hire a TBI lawyer immediately after the head trauma event. I appreciate that in the space of a heart beat life has been altered for the TBI patient and their family. Possibly forever. And that hiring a lawyer may be the last thing on your mind in the wake of sudden tragedy, with full focus geared toward optimizing medical care to achieve the best possible recovery. But believe me — you also need to immediately focus on hiring a lawyer. This is a sad but true reality and a reflection of the times we live in.
In over twenty years of practice, I’ve only once handled a traumatic brain injury case where the responsible party for the TBI accepted full responsibility. And in that case, there was no escaping responsibility as there was no, what we lawyer’s call, “defense.” We live in a litigious society and because of this fact, when someone sustains a TBI the responsible party or parties begin amassing their defense in an effort to pay no or little compensatory money to the injured party. Because those responsible are building up a defense—many times before the injured party even arrives to the hospital—you need to act fast to protect your rights. It’s all about gathering evidence quickly to prove and establish your TBI case.
Many times, head trauma victims have loss of memory. This is called amnesia. There can be retrograde amnesia, meaning memory loss for those events that occurred just prior to the accident; and also, anterograde amnesia, meaning memory loss for those events that occurred just after the accident. Or both. Because of this memory loss, TBI patients are at an immediate evidentiary disadvantage should there come a time where they need to prove their case in court. So, what needs to be done is an intensive accident investigation by an experienced lawyer with the aid of applicable experts. This can include visiting the accident scene, identifying and interviewing witnesses, canvasing the accident location for video surveillance cameras, interviewing Emergency Medical Technicians, and inspecting the property damage associated with the accident. The list can go on and on. One will never know what is revealed at an accident scene if one doesn’t visit it.
The next blog shall illustrate by way of actual examples the importance of hiring a lawyer immediately so prompt accident investigation can be undertaken.
Be well, Andy