There are two kinds of traumatic brain injuries that may occur, an open or a closed TBI.
What is an Open TBI?
An open TBI is often associated with a physical wound as well as a brain injury, such as a laceration to the head or a fractured skull on the area where the brain injury was sustained.
What is a Closed TBI?
A closed TBI is a brain injury that occurred without a physical component, and occurs when the brain violently strikes the side of the skull due to impact.
Despite this difference, both open and closed brain injuries are equal in their severity, so it is important not to mistake the lack of a physical component as any signifier of the injury’s severity.
If you were to suffer from a TBI and retain an attorney, they quickly begin constructing your case by accumulating all of your medical records, and putting together medical chronologies. These are summaries of each and every doctor’s visit that you have gone to. Unlike your doctors, who only build off the records from their facilities, we combine records from any and all facilities that you went to for treatment, allowing for the first time for a narrative to begin to be constructed.
This narrative will tell the story of not only the incident where injuries were sustained, but also how your injuries worsened, and hopefully, how they began to recover. As part of this narrative, they will also collect letters from your employers about the time you missed at work, any property damage reports, as well as any other damages that you might have sustained, as all cases are different and unique so you might have unique damages.
They will also speak to members of your family and friends, talking to them about who you are as a person currently and what you were like prior to the incident.
This allows an attorney to construct a different kind of narrative, one of who you are as a person. Think about it this way, if you went on a road trip every year with your family, and following your incident, you stopped going at all, that represents your case.
Your attorney may also recommend a specific type of doctor for your case.
An attorney is the first person to really be able to see the big picture of your case, and this allows them to construct the initial narrative. Obviously, however, this is not where an attorney’s work ends. The next thing you should expect from an attorney is to refer you to an expert doctor.
The next step in a TBI case, and something that is handled primarily by your attorney, is the construction of what is called a life-care plan. A life-care plan is an organized document that discusses what can be expected for your future medical care, what kind of doctors will need to do this care, and estimated costs for what all of this will cost.
This life-care plan will account for the treatment that the life-care planner believes you will need for the entirety of the rest of your life. It is important to remember that a majority of your care will happen immediately following the incident, but that most individuals suffering from a TBI will need some kind of treatment for the rest of their lives so they will be able to live long and meaningful lives.
The life-care planner will speak to you about how you live, what kind of life you look to lead, and how severe your symptoms are, but will primarily rely on previous records and testimony of your doctors to construct this life-care plan. At this point in time, an economist is often brought in to adjust the life-care plan for inflation, as it will presumably account for a number of years.
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