How To Get Brain Injury Compensation
How To Get Brain Injury Compensation
How To Get Brain Injury CompensationIn most cases, brain injury compensation is not a negotiable issue. If a person is lucky enough to survive serious head trauma, it may take months before they can resume a normal life. Of course, this is assuming that they can recover at all. Think about Christopher Reeve, who lost most of his functioning after a terrible horse riding accident. He probably amassed tens of thousands in medical bills, expenses that the average person could not afford. Again, the only exception is if the victims loved ones won a settlement in court, a matter that is more difficult than it seems. Even Christopher Reeve would have problems forming a case if another party was not at fault during his accident.
In fact, when it comes to brain injury compensation, fault is a serious issue. To have a case, the victim must prove that someone else's negligence was responsible for their injury. In the case of Christopher Reeve, if it was shown that his doctors were negligent in their actions, he could have been eligible for compensation. The same would also be true if something was inherently wrong with the horse. In that case, the person who sold him the animal would be responsible. Fortunately, neither of these scenarios occurred in real life, but by understanding the "what ifs" an individual becomes more aware of their own situation.
In any case, if a third party were responsible for the injury, the next course of action would involve getting legal representation. In the UK, there are many solicitors who specialize in brain injury cases. The same is also true in the United States, though lawyers in this category may also refer to themselves as personal injury attorneys. It all depends on how they want to advertise themselves. Just be careful going to personal injury attorneys who have no experience in brain trauma. In both the UK and the United States, the laws surrounding brain injuries are not clear-cut. The reason why is because brain injuries come in different stages.
The least serious injury results in superficial damage. Due to sudden impact, the brain may experience some tearing, but nothing is evidenced on the outside. People suffering this type of injury might be comatose for a while, but are still eligible for recovery.
If the brain suffers further trauma after this first stage, the injury progresses to the second stage, when the brain starts to lose oxygen. At this point, if the person is not revived immediately, they will begin to suffer cognitive damage as parts of the brain begin to die out.
Finally, there is the most serious stage where the brain suffers a myriad of problems, ranging from blood loss to clotting. It is worse than Stage 2 because the problems are harder to fix. While a Stage 2 victim might suffer with lack of oxygen, Stage Three victims are suffering with that and two or three other issues at the same time.
At any rate, the stage of injury directly relates to brain injury compensation. A person at Stage 1 might only receive $5,000, while a person at Stage 3 might receive $1 million. Attorneys will look at these factors when determining whether they should take a case. If they do take the case, clients may pay on contingency. This means no payout is needed unless a settlement is reached. At that time, the money comes out of the settlement, which means nothing is paid out-of-pocket.
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