TBIs ("Traumatic Brain Injuries"), are one of the most catastrophic injuries a person can experience. Some such injuries are obvious and the consequences are immediate. However, other brain injuries are more subtle and can be extremely difficult to diagnose because the initial symptoms are so mild and unrecognizable to the victim.
It is crucial that a serious TBI be diagnosed as soon as possible because the initial moments are often the most critical in treating the injury. Some head injuries cause bleeding into the space between the outer covering of the brain and the brain, which is called a subdural hematoma. This bleeding puts pressure on the brain and can cause a serious brain injury if the pressure is not released through an operation to allow the blood to drain out. Some head injuries cause significant swelling in the brain itself, which can be treated in a variety of ways including inducing a medical coma to try to reduce the amount of permanent brain damage.
Proper treatment can only follow a proper diagnosis, and various imaging devices are used to help make a diagnosis, including CAT scans, MRI's, PET scans, and other tests. For this reason, it is imperative that victims and their loved ones initiate prompt medical treatment after any head injury and that the physician be fully apprised of all symptoms, including any loss of consciousness, behavioral changes, headaches, memory loss, cognitive impairments, and physical impairments.
A Life-Altering And Severe Head Injury
TBIs can also be especially difficult and life-changing because their effects are often unlike any other injury. In addition to causing significant physical impairment, traumatic brain injury can also cause many cognitive and behavioral impairments that can be just as troubling as the physical impairments caused by the injury.
Often, these cognitive and behavior impairments can be the most difficult effects for victims and their family members to deal with after the injury has occurred. The victim cannot understand why previously simple tasks are now harder, why his mood has changed so much, why she can no longer effectively communicate her ideas, why he can't remember things he used to, why things she used to like now bother her. All of these changes work to create great frustration and anger for the victim.
Helping Families Of Victims With Compassionate Personal Injury Counsel
The family of the victim also struggles in frustration to bear the changes they see in their loved one. They have to watch these changes with no real ability to fix their loved one and with the fond recollection of the kindness, warmth, compassion, skill, intelligence, ability, and love that their loved one possessed before the injury.
These are extremely difficult aspects of TBIs. To properly and effectively explain them to a jury or judge requires delicate skill, compassion, and understanding. However, explaining these effects of the injury are crucial in order for a trier of fact to be able to award a just amount to the injured plaintiff and her family members.
Attorneys at Easton & Easton, LLP are experienced at proving these delicate issues to the court. We understand how to explain, demonstrate, and show the impact of these changes to a judge or jury through effective witness testimony, "Day in the Life" videos, and oral argument, so that they can fully comprehend and appreciate the plight of both the victim and his family members. Our years of experience also allow us to seamlessly assess and coordinate medical care to make certain the full extent of our clients' injuries are identified, treated, and provable.
We understand the tricks, stratagems, and defenses the insurance companies and their attorneys use to defeat or minimize a claim, and at Easton & Easton, LLP we utilize our experience, skill, and dedication to make certain our clients do not fall victim to the insurance companies' tricks and stratagems.
Please call our lawyers at 800-461-8259 for a free initial consultation. If we do not take your case, there is no charge.
Fall From Ladder Placed On Scaffolding By Our Client
Easton & Easton recently acquired $2,000,000 for a client who fell from a 2 story scaffolding while assisting the HOA President in trying to remove eaves on the second story of a townhome façade. The HOA President had negligently erected the scaffolding, but the Defendants contended that our client had negligently brought a ladder to the top of the scaffold and was working on the ladder when he fell. The Defendants also argued that our client had actually climbed onto the roof of the building and become dizzy before he fell, such that they believed he was 100% liable for his own injuries, regardless of whether he fell from the roof or the ladder he negligently brought on top of the scaffold.
In the litigation process, we discovered that the HOA had no workers compensation insurance and that the HOA President did not have a contractor's license for this kind of work. Because work on a scaffold requires a contractor's license, we used regulations under the Labor Code to show that our client was technically an "employee" of the HOA at the time of his injury, such that this was actually an employment-related injury. However, because the HOA had no workers compensation insurance to pay for employee injuries, this employment-related injury was therefore presumed to result from employer negligence under the Labor Code. Additionally, we showed that these laws prevented the employer from claiming any comparative negligence, assumption of the risk, or co-employee negligence defenses that they would have used to shift the blame to our client, thereby essentially making the HOA strictly liable for our client's injuries, which included multiple skull fractures and a traumatic brain injury. Through this intricate strategy of legal of reasoning, we convinced the HOA's insurance carrier of their liability in this matter, even if our client had been on the roof or a ladder on the scaffolding when he fell, such that they paid their full $2,000,000 policy limits.