Steps to Take If You Think You Have a Brain Injury

Approximately 2.8 million people sustain a traumatic brain injury each year. A traumatic brain injury disrupts normal brain function, resulting in nausea, vomiting, dizziness, severe headaches, and mood swings, among other symptoms. While some individuals may recover after a few weeks, others may have persistent symptoms that last several months, years, or a lifetime. Following a traumatic brain injury, taking immediate action is key to preserving your health and legal rights. In this article, our Philadelphia catastrophic injury attorneys discuss what steps you should take following a brain injury and the value of legal assistance.

Defining a Traumatic Brain Injury: Closed vs. Open Brain Injury

A traumatic brain injury, or TBI, is caused by any strike, blow, or bump to the head. The impact to the brain can cause chemical changes in the brain or stretching of brain tissue, resulting in damage to brain cells. A TBI can range from mild to severe, with severe cases often causing long-term side effects and permanent disability.

A TBI is classified as either an open or closed brain injury. An open brain injury is also known as a penetrating injury since it involves an object piercing through the skull, damaging delicate brain tissue. This differs from a closed brain injury, in which the brain is damaged by being shaken back and forth within the skull. Closed brain injuries are more common in catastrophic injury claims.

Call 911

If you are experiencing dizziness, vomiting, confusion, or a sudden-onset headache, these may be telltale signs that you have sustained a TBI. Calling 911 immediately can prevent further complications and even reduce your chances of suffering long-term side effects. Also, being evaluated by a physician within the first 72 hours of your accident or injury may preserve your right to file a claim.

Gather Evidence

If your injury was caused by another person’s negligence, you will need evidence to prove the other party’s liability. If you were in a motor vehicle accident, you (or someone you trust) should take photos of the scene and anything related to the crash. Pictures may include your injuries, vehicle damage, the final resting place of both vehicles, and any nearby intersections or cross-streets. If any bystanders witnessed the crash, be sure to ask for their names and contact information. This eyewitness testimony may be just what you need to corroborate your version of events.

According to Title 75 of the Pennsylvania Consolidated Statutes § 3746, you must contact the police following any accident that results in injuries, fatalities, or if any vehicle is damaged to the extent that it must be towed. A police report will include details related to your crash, including the names of the drivers and passengers involved, the date/time/location, road and weather conditions, and who the officer determines is at fault. While your insurance company will request a copy of the police report, it is generally inadmissible in court.

Contact a Philadelphia Catastrophic Injury Lawyer

Many TBI victims have a long and arduous road to recovery. Many TBI victims have to pay for hospital bills, surgeries, physical therapy, and home modifications (such as installing a wheelchair ramp or grab bars for their shower). These home modifications can change as a person’s condition deteriorates. These medical costs, in conjunction with an inability to work, can easily place a person who has significant savings into financial distress.

You should not attempt to recover damages on your own. The insurance process is challenging, requiring specific claims paperwork on a certain timeline. In many cases, the insurance company may request information that you already provided just to stall the process. If you attempt to handle the claim on your own, a claims adjuster is more likely to give you the run-around. Assistance from a Philadelphia catastrophic injury attorney can be invaluable in moving your claim forward. Our legal team will hold the insurance company accountable to meet statutory deadlines and negotiate for the settlement that you deserve.

Philadelphia Catastrophic Injury Attorneys Offering Aggressive Representation

Brain injuries often have debilitating effects, impacting a person’s ability to work and live a normal life. While some TBI victims experience a full physical recovery, others are never quite the same. Between medical bills, lost wages, and emotional losses, you may be entitled to significant legal damages.

If you or a loved one has recently suffered a catastrophic injury, HGSK Injury Lawyers is ready to speak with you. Helping over 26,000 individuals recoup fair compensation for their injuries, our team of legal professionals can put our knowledge and skills to work for you. To arrange a free consultation with one of our Philadelphia catastrophic injury lawyers, contact us online or by calling (267) 551-8782 today.