Victims of Traumatic Head Injuries and Their Families Need Immediate Legal Advice

/Our-Firm.aspxAs the National Football League presently attempts to settle a lawsuit by multiple former players regarding concussion related injuries, we are reminded of the numerous victims that we have represented who suffer from attic head injuries. These injuries are most commonly found in automobile accidents, especially those involving pedestrians, and trucking accident.

After a person suffers a traumatic head injury, in our experience, the victims and their families suffer immediate and significant changes in their lives. Many times the victim is in a coma or completely incapacitated. As the victim lies in the hospital unable to care for themselves, their families must deal with medical providers, the victims' employer, the victims' monthly bills, and a plethora of other issues that are often unanticipated.

We have represented countless victims of traumatic head injuries and there are two areas of legal concern that must be dealt with immediately. After seeking immediate medical treatment following an accident, the family and victim of a traumatic head injury should immediately seek the advice of a competent lawyer so these two issues can be addressed.

These two issues are:

1. Guardianship and Estate Planning Issues

If you're fortunate enough to never have has a family member suffer a severe injury, be certain that if it ever happens you will face issues that you did not anticipate. The truth is that while your family member fights for their life in a coma, the world continues to turn. The victims employer wants to be kept in loop, the victims monthly bills come due, medical professionals want input on life-changing decisions and, in some cases, end-of-life decisions must be made. When a client comes to us with a head injury this is often one of the first things that has to be dealt with. In Georgia, there is a law that allows for a temporary guardianship so that a trusted friend or family member can make decisions on behalf of the victim while they are incapacitated. A guardian will also be responsible for dealing with insurance related issues that will arise in the case. In our experience one of the most commonly seen problems when families come to us on behalf of the victim of a head injury is that it is often hard to speak with the victim's doctors. If the victim's family members work during business hours it is often difficult to meet with the doctors to discuss the victim's care. We have often found that healthcare professionals are very reluctant to speak to family members after hours due to the restrictions of HIPPA and privacy issues related to healthcare information. Setting up a temporary guardianship can avoid these issues and make the process smoother and easier for the family members.

2. Personal Injury Representation

The person or company that did this to your family member should have to pay for the consequences of their actions. Fairness, and the law, dictates that the person responsible for your dramatic hit injury or that of your family member is responsible for present past and future medical expenses, lost wages and pain and suffering at a minimum. If reckless wrongdoing was involved dramatic head injury victim may be entitled to punitive damages which are intended to punish the person or entity responsible for your injuries. You may rest assured that the insurance companies will do everything they can immediately to investigate the accident, hire lawyers and ultimately pay the least amount for your claim. You and your family should take the same approach. In addition to investigating the accident, you need a lawyer to make sure that evidence of the traumatic head injury and its cause are properly documented. For example, in the case of the former players of the National Football League suing the league, one problem that may arise is proving that the concussions are actually related to wrongdoing on the part of the league. Many of these head injuries did not show up for years after the players left the league. It will be very hard in some cases for the players to document their injuries because there was no medical evidence supporting the head injury at the time the player was in the league. In short, the players did not anticipate this problem. Because the insurance companies are so vigilant in defending these claims, it is very important for you to document the existence and cause of a head injury very early on in the case.

For this reason, you need to consult attorney as soon as possible. The attorneys and staff at Ferguson & Paisley, LLC will help you and your family as you fight the insurance companies in cases involving traumatic head injuries.

You can reach Jim or Jason 24/7 at (770) 884-4577.

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