Husband was hit by a semi truck and suffered TBI and fractured skull. Should we get an attorney?

Asked about 1 year ago - Seattle, WA

A little over a week ago, my husband was turning into work and was hit from behind by a semi who wasn't paying attention. It completely totaled the vehicle, but even worse is that he had a bad head injury.

He was transported to the ER and he suffers from a traumatic brain injury, fractured skull, and was bleeding in two parts of the brain, one being the front left part of the brain which controls behaviors and emotions, and he now frequent fits of extreme rage and is easily confused. He was taken to ICU on day 2 and stayed 3 days then was released, but now needs cognitive therapy and possibly speech therapy. We have no idea how long he will be out of work.

The emotional toll this has taken is the worst part, as he has turned into someone I don't know anymore and the fits of rage can be severe, which was never an issue before. Our health insurance does not cover any of his treatment because it was a motor vehicle accident. Should we hire an attorney?

Thank you!

Attorney answers (19)

  1. Scott Shawver

    Contributor Level 7

    21

    Lawyers agree

    Answered . I'm very sorry to hear about your husband's accident. This is very serious, and potentially life-changing accident for your husband. Therefore, you need to consult with an experienced personal injury attorney in order to protect all of your legal rights and maximize your recovery.

    Most attorneys will sit down and speak with you about the claim.

    You may be contacted by representatives of the defendant or some other insurance company and ask you to sign papers or make a statement. You should not do any of this until you consult with an attorney, as what you say and documents you may sign may affect your husband's claim.

    I hope this is helpful. Please feel free to contact myself via email or any of the attorneys on this site with any follow-up questions

  2. Emery Brett Ledger

    Contributor Level 12

    17

    Lawyers agree

    Answered . Absolutely. Please, at the very least consult with an attorney that handles TBI matters. These cases are complex & require skilled lawyering to maximize the case value so that your husband is properly compensated. One of the most important things to be advised on early in an accident case in "preservation of evidence" & thus this process must be started immediately.

    Best regards,
    Emery Ledger
    Attorney At Law

  3. Jeffrey Mark Adams

    Contributor Level 20

    15

    Lawyers agree

    Answered . Yes! The sooner the better. An attorney will protect and advocate for you. Don't depend upon those who claim to know or feign support for your best interest. Local and qualified counsel asap. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. Joseph John Bernardo

    Pro

    Contributor Level 14

    14

    Lawyers agree

    Answered . You absolutely should hire an attorney for this very serious injury. This type of injury is complicated and you need to make sure the attorney has prior experience litigating this specific type of injury. That's litigating, meaning suit was filed, not just settling. They are complicated and expensive cases. They require more knowledge than ordinary personal injury matters. Some of the best TBI attorneys in the country are in Ca., and there may be excellent ones in your state as well.

  5. Erik Francis Ladenburg

    Contributor Level 10

    11

    Lawyers agree

    Answered . I am sorry to hear about your husband's injuries. You should speak to an attorney right away to learn all your options. Most attorney, like myself, will provide a free consultation. In situations like this where the medical bills are going to be very significant, it is important to have an attorney figure out all possible sources of insurance or other sources of payment so that your family is not left in serious debt.

  6. Michael David Myers

    Pro

    Contributor Level 17

    10

    Lawyers agree

    Answered . I agree with the other responses. Important to find out a personal injury attorney who has experience dealing with trucking claims.

  7. Jason Henry Schauer

    Contributor Level 11

    9

    Lawyers agree

    Answered . What an awful situation. I am very sorry. You definitely should retain counsel for this. There are a number of qualified attorneys that will mean all the differene in your case that have here responded. I wish you and your husband all the best and a speedy recovery. Good luck.

  8. Christopher Michael Davis

    Pro

    Contributor Level 17

    8

    Lawyers agree

    Answered . I am extremely sorry to hear about your husband's accident. If he suffered a brain injury in an accident it may be important to quickly hire an attorney in order to preserve important evidence. Some times of evidence may be lost over time. If an attorney is involved case in the early days following the accident he or she can investigate the circumstances, interview witnesses, examine evidence, etc. before precious time is lost. An attorney can investigate and prepare the case while the person with brain injury and family focus their energies on the process of recovery.

    Many times people are reluctant to hire an attorney quickly because they fear that they cannot really afford a lawyer. But typically brain injury lawyers (who are personal injury attorneys with experience handling brain injury cases) work on a contingent fee basis, which means that their fee depends upon obtaining a judgment or settlement for their client. In other words, you don’t owe the attorney anything unless he is able to get a settlement or verdict for you. This allows individuals of limited financial means to hire excellent legal representation--they can hire the attorney that feel is best qualified to represent them, provided the attorney agrees to accept their case.

    Working with a personal injury attorney who handles severe brain injury claims can help to secure the entitled compensation. A brain injury can severely affect many different aspects of a person's life. Because damages can be very significant, the costs and the complexities of obtaining evidence and fair compensation are great. Also, by waiting too long to file a claim, you may lose your entitlement to compensation or valuable evidence can be lost. By working with an experienced, aggressive personal injury lawyer, the claimant has the best opportunity to obtain fair compensation for their injuries.

    A lawyer can help a person recover lost income, past and future medical expenses, and human losses, such as pain and suffering as compensation.

    Again, I am very sorry to hear about your husband's accident. I hope his recovery is coming along and you are able to get your questions answered. You should contact several personal injury attorney's that handle brain injury claims for free consultations to go over your legal options.

    Any accident and legal information provided by Davis Law Group to non-clients is for general information purposes... more
  9. Crystal Grace Rutherford

    Pro

    Contributor Level 13

    7

    Lawyers agree

    Answered . I am sorry about what happened. I agree with my colleagues that you need an attorney that has experience with both trucking collisions and TBI. I have handled both. The are additional considerations when tractor-trailers are involved. Trucking companies will employ attorneys immediately to reduce their liability and avoid negative impacts from federal and state agencies and make it more difficult for worthy claimants to recover their losses.

    Most traumatic brain injuries do resolve. It has only been a week so hopefully your husband will recover and his personality changes will only be temporary. However, there are factors such as previous head injuries that can impact his recovery. Retain a personal injury attorney to deal with the insurance companies so that you and your husband can focus on his health. I hope he does have a rapid recovery.

  10. Arthur D Leritz

    Pro

    Contributor Level 13

    7

    Lawyers agree

    Answered . I am so sorry to hear about what happened. You need to speak to my partner, Ricahrd Adler. He is the best brain injury attorney in the State - if not the country.

    Sincerely,

    Arthur D. Leritz

    Legal Disclaimer: Mr. Leritz is licensed to practice law in the State of Washington. The response herein does not... more
  11. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Yes. Make sure you retain a top-rated Avvo lawyer with a low contingency fee, less than 30%, so he recovers maximum compensation.

  12. Scott J. Corwin

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . Without a doubt, you should contact an attorney to represent your husband and protect his rights and interests. Finding an experienced attorney can help your husband receive the treatment that he deserves to recover properly. As a truck accident attorney, I personally make sure that my clients have the opportunity to receive diagnosis and proper treatment for any injuries sustained. This includes follow up treatment after the case has been settled. Brain injuries in particular present a variety of issues as the diagnosis requires significant resources and a proper rehabilitation plan must be laid out in the settlement. Having an attorney who handles brain injuries from automobile accidents is an absolute must. I wish you and your husband the best of luck through this

  13. Nathan D Sukhia

    Contributor Level 9

    6

    Lawyers agree

    Answered . You absolutely should. Most attorneys will look this over for free and let
    you know what you stand and you should have that peace of mind under the
    circumstances, for sure.





    This e-mail was prepared using Dragon voice recognition software.



    Nathan Sukhia

    Attorney at Law

    Law Office of Nathan Sukhia, PLLP

    5801 Soundview Dr., Ste. 50-C

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  14. William John Carlson

    Pro

    Contributor Level 11

    6

    Lawyers agree

    Answered . Very sorry about your loss. Don't wait; get some help. You need to know that trucking companies keep defense attorneys on retainer. They begin preparing defenses to your case the day it happens. The time to protect your family is now, not weeks or months down the road. Also, don't assume your family health insurance doesn't cover your husband's medical needs just because someone told you that. My guess is that you are probably covered. Please, get on this now.

  15. Papool Subhash Chaudhari

    Contributor Level 10

    6

    Lawyers agree

    Answered . I handle cases just like this, and yes, you should hire an attorney RIGHT AWAY. Don't even blink, talk to one now. Most, like myself, can handle on a contingency fee basis where you pay nothing until the attorney gets a recovery for you. No out of pocket costs to you. Attorneys can also get you set up with doctors and other things. I am so sorry this happened to your family. Let me know if I can do anything to help.

    This does not constitute legal advice and does not establish an attorney-client relationship. I am only licensed... more
  16. Lars A. Lundeen

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . You absolutely need an attorney to represent your husband and your interests in this matter .You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  17. Adam Morrow

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . What is the name of the truck driver's company? You should probably interview a few law firms before making a decision. I would be happy to give you the names of several excellent law firms offline.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more
  18. Daryl L. Derryberry

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . Do not hesitate to immediately consult with an attorney who specializes in personal injury cases and has handled traumatic brain injury cases in the past. Your husband's claims could result in substantial compensation if handled by the right attorney. I am so sorry that he has been injured and I hope he recovers. Good luck. www.urhurt.com

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed.... more
  19. Gerald R Stahl

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . Very sorry to hear about the accident. You need a personal injury attorney experienced in semi accidents. It never ceases to amaze me how these companies put inexperienced drivers behind the wheel of a big rig. I have one right now where the driver of a semi was 23 years old with a previous drunk driving and careless driving as well as other offenses. Trucks have many rules under Federal Motor Carrier Act. Please do yourself a favor and hire someone with personal injury trucking experience. Good Luck.

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