It may not be a specialized brain injury attorney that you need, but the proper physician who can document the injuries that you believe you have. Any attorney who has a primary personal injury practice should be able to interpret such a report.
The key to proving damages in cases like this is to have clear medical documentation establishing whether or not each symptom was caused by the accident, or whether the accident was a substantial factor in aggravating a preexisting injury. Two guides:
Since you are currently represented by an attorney, it would not be appropriate or ethical for attorneys here on Avvo.com to give you specific legal advice concerning your case.
You should arrange a face-to-face meeting with your attorney and discuss these troubling issues. You may find that you need to be seen by a neuropsychologist or other medical professional who can assist your attorney in developing a TBI claim. Speak with your attorney.
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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.
The neurosurgeon who performed the 2-brain surgeries should be able to parcel out the disability, symptomology and whatever other issues you were experiencing prior to your car accident and give an opinion as to how the car accident has harmed you. This will assist your lawyer in handling your case. See how that goes before deciding to look for another lawyer.
HIDEN, ROTT & OERTLE, LLP
Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of work comp law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for advice.
There is a reality to the compounding effect of repeated concussive injuries to the brain. Much more important than any lawyer's involvement is getting proper care. Life is long, and cognitive health requires very specialized evaluation and care. Whether there in Tennessee or elsewhere, you should find an actual program which routinely deals with traumatic brain injury.
If there is some actual basis for a legal case, it is also important that you have your lawyer let you know the plan for moving forward.
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