Brain Injury Lawyer Iowa
When you are suffering from an injury to the brain, you should seek help for compensation from a brain injury lawyer Iowa residents can rely on from Johnston Martineau, LLP. A brain injury is one of the most devastating and challenging injuries a person can suffer. We understand how quickly a brain injury can ruin your life. A brain injury can occur in many ways, but it does not take much for a person to sustain one. The brain is one of the most sensitive and vulnerable parts of the body. It only takes one jolt to the head or one fall to cause long-term or permanent damage. When someone else has caused this to happen to you because they were acting negligently or recklessly, we know that you will want to seek compensation. The financial expenses that are brought on as a result of a life-changing brain injury can amount to thousands of dollars, which only makes it more difficult for brain injury victims to recover. It should not be up to you to pay for the medical bills, hospital stays, or equipment that you need to help you through life after a brain injury. Want to see how we can help you? Call our office now.
What Kinds of Accidents Can Cause a Brain Injury?
There are many kinds of accidents that can cause a brain injury (or a TBI). Some of the most common types of accidents that lead to brain injuries include motor vehicle accidents, sports injuries, and falls. If you have been in any of the following accidents, it is possible to suffer from one:
- A car accident (or other motor vehicle accident)
- A slip and fall
- A soccer accident
- A sports accident
- A bicycle accident
A person can also suffer a brain injury if they are struck by an object, such as falling debris at a construction site. Although not comprehensive, these are a few of the ways you can get a brain injury.
What Should You Do if You Suspect a Brain Injury?
Our Iowa brain injury lawyer believes one of the best things you can do is seek medical help as soon as possible. In fact, the two most important people you will work with after an accident that causes a brain injury are your doctor and your attorney. Brain injuries are notorious for being “hidden injuries.” This means they may not show signs and symptoms of anything wrong for days or weeks. They may present as minor symptoms that do not immediately suggest a brain injury. This can be serious because a great deal of damage can be done during this time that leads to permanent injuries. As soon as you suspect that you may have a brain injury, seek medical attention right away so that you can receive the urgent treatment that you need.
What Should I Be Looking Out for After an Accident?
After you have been in an accident, you should look out for some common signs of a brain injury. If you suddenly have headaches or migraines after an accident or are suffering from problems concentrating, memory issues, ear ringing, or problems sleeping, you may be showing signs of a brain injury. This is especially true if your symptoms are persistent and do not go away after weeks or months, you should receive medical attention promptly. The best thing you can do is seek help from a medical professional as soon as possible.
Do I Need to Complete All of My Treatment Before I File a Claim?
Before you settle a brain injury case, you should have received all of your medical care, or as much as possible, in addition to having an understanding of what you may need in the future. You should have an idea of what rehabilitative therapy you may need as well as medications and assistive devices you might use in the future. That being said, you can begin to file a claim prior to your treatment being completed. If you do this, and you should, you will stay in communication with your brain injury lawyer in Iowa throughout the course of your treatment. He or she will guide you through various processes and ensure you are getting the right care. Any updates regarding your treatment plan should be mentioned to your lawyer so that they can make the proper adjustments to your claim.
The reason why it is important to finish your treatment is because brain injuries tend to result in extensive care that is extremely expensive. You might be tempted to accept the first settlement offer that’s presented to you, but you should not accept any offer that has not been reviewed by your lawyer. The offer may not be enough to completely cover the cost of your current and future treatment. By accepting a fast settlement, which can happen without a lawyer, you might risk not getting the money that you need to cover the total amount of your losses. The last thing you want to do is accept a settlement only to find out later that you have additional treatment costs. So it is recommended that you hire a lawyer with a strong understanding of what a fair settlement for brain injury victims looks like. They will be able to evaluate every aspect of a settlement offer and negotiate with the insurance company for a better one if necessary.
As a brain injury lawyer Iowa trusts might explain to you, it is important you know the full extent of your injuries, whether any of them are permanent, as well as the approximate cost of treatment, rehabilitation, and therapy. The more details you have about your treatment, the better. It will help you avoid the hassle of accepting a settlement that is too low.
To gain a better understanding of what might go wrong when you don’t consider the aforementioned, review the example below.
Let us say that a person was side-swiped by a car that ran a red light in an intersection. The impact did significant damage to their car, and they were sore, but didn’t have any visible injuries. They went to the doctor and were diagnosed with whiplash. The injured victim was given an x-ray and painkillers, and told to rest prior to physical therapy sessions. At some point the insurance company might call him or her and suggest immediately settling so as to receive the money needed for co-pays and other expenses. Meanwhile, the victim has actually suffered a micro break in their neck, and the doctor did not initially see it. If the victim agreed to and signed a settlement offer, because the hospital is demanding payments, and they thought they knew what the extent of their injuries were, they may be unable to collect further compensation that would likely be needed for their broken neck.
In other words, if you accepted a settlement, and were not finished with the treatment, or the pain gets worse, there is typically not much that can be done in legal terms. A settlement cannot be renegotiated once it is accepted. The only thing you might hope for, after accepting a fast settlement, is that your own health insurance will cover it.
In another, real life example, a man suffered a brain injury after being hit by a public bus. His injuries were serious, and doctors didn’t know if he would live. Following surgery, intensive care, and months of treatment, he did start to make a recovery. Months went by, and suddenly he passed out. After being rushed to the hospital, it was discovered that his brain was still bleeding. He required immediate surgery. After about one year, the man was running in marathons, but suffered from short term memory loss. He can recall his childhood, but cannot remember what he did earlier in the day. He also has speech difficulties. The total amount of treatment was in the millions. Had he settled his claim right after his first surgery, he would likely have had to have covered the future treatment, including 2 surgeries and rehabilitation. Luckily he had a great brain injury lawyer to ensure the full scope of the diagnosis and treatment was completely known.
Deciding if a settlement is fair can be difficult without a lawyer to support you. Having a brain injury lawyer at your side to assist you with settlements can help you avoid mistakes like this. They have a strong understanding of what should be included in a proper settlement amount, so they will fight for you so that you are actually given an offer that covers most or all of your medical expenses. They can do the work necessary so that you can get the best compensation amount. You should always wait until you have had a lawyer review a settlement offer before accepting it.
I Suffered a Brain Injury After a Medical Procedure, Do I Have Grounds for a Claim?
Brain injuries can be devastating and result in lifelong repercussions. It can also impact those around the victim, such as spouses, children, friends, or family. Each year, 1.7 million Americans will be treated for a brain injury. Of these, 260,000 must be hospitalized and another 50,000 will lose their life. Unfortunately nearly half, if not more, of these injuries are caused by another person’s negligent actions.
The term negligence is broad and can include actions that were negligent, or a lack of action all together. Included in the idea of an wrongful action, is medical malpractice. It is possible for medical malpractice to cause a brain injury. Whether this is true can only be determined by a brain injury lawyer in Iowa.
How A Brain Injury Could Be the Result of Medical Malpractice
It is certainly possible for medical malpractice to cause a brain injury. The following are a few ways in which this can happen. In general, if you believe this information is relevant to you, call Johnston Martineau, LLP.
Birth injuries – It is prudent that a child is born at the hands of a knowledgeable medical professional. These men and women will understand the things to look for in the mother and baby, be able to order important tests, make diagnoses, and utilize the right techniques during the delivery process. When the wrong decisions are made because of negligence, the child could suffer a brain injury.
Failing to diagnose – Hitting the head on an object, a blow to the head, or any other impact to the brain can cause damage. Sports players, certain workers, and high-risk takers are more vulnerable to suffering a head injury. When a concussion, bleeding on the brain, or other symptom of a brain injury is not diagnosed, severe damage could result.
The wrong medication – Some people will need to try different medications for months or years before they find one that works for their condition. When they do find the right one, they will likely feel a lot better. However, the exact opposite can be said for the wrong medication. If a doctor does not review the patient’s medical history or symptoms, and the wrong medication is prescribed, not only may they feel very uncomfortable, but they could suffer harm – including a brain injury.
Surgery complications – All surgeries are complicated; however, when the brain or head is involved, there is a risk of infection, bleeding on the brain, or other harm. If an error is made during the operation, this risk increases significantly. As an Iowa brain injury lawyer, we know of cases in which a patient was told there was a complication, when it was actually malpractice that caused the further harm.
Johnston Martineau, LLP: A Leading Brain Injury Lawyer in Iowa
If you believe medical malpractice led to your brain injury, compensation may be available. Please call a brain injury lawyer Iowa families have known and trusted for years. Do not delay seeking legal guidance. Call Johnston Martineau, LLP for a consultation and case review.
Common Myths About Brain Injuries
Whether it’s caused by a fall or car accident, a brain injury is one of the most serious injuries you can suffer. It may require long-term medical care and affect you for the rest of your life. Here are some of the common myths about brain injuries a brain injury lawyer in Iowa doesn’t want you to believe.
- You must hit your head to sustain an injury: Many brain injuries result from a direct blow to the head. However, they can also occur if your head is jerked back and forth suddenly during an accident.
- Helmets always help you avoid brain injuries: In certain situations, like when you’re riding on a motorcycle, it’s always advisable to wear a helmet. Having a helmet on your head can improve your chances of survival during a collision. However, that doesn’t mean it will always protect you against a brain injury. Even if you wear a helmet, you could still suffer a serious brain injury.
- You’ll notice symptoms of a brain injury immediately: Another common myth about brain injuries is that they always present immediate symptoms. The truth is, however, that many people feel fine immediately following a brain injury. They might not notice symptoms until days or weeks later. That’s why it’s crucial to seek medical care immediately.
- You must have bleeding to have a head injury: Just because you don’t experience bleeding, doesn’t mean you didn’t suffer a head injury. As a brain injury lawyer in Iowa can confirm, a brain injury can occur with a closed head wound. You may still have internal bleeding.
- Mild injuries are nothing to worry about: If your doctor diagnoses you with a mild brain injury, you might not think it’s a big deal. However, even if your injury is mild, you shouldn’t make light of it. Mild brain injuries can also cause changes in your mood, personality and memory.
- MRIs and CT Scans Detect All Brain Injuries: Another common myth about brain injuries is that they always appear on diagnostic testing. However, not all brain injuries, like concussions, will always show up on CT scans and MRIs.
- Brain Injuries Always Heal Within a Couple of Months: While it would be nice if brain injuries healed, it doesn’t always work out that way. Sometimes the effects of a brain injury will last many years, such as seizures, memory problems and an increased risk of stroke.