My husband has a mild traumatic brain injury from a work related injury as a deputy. Do I need a work comp. attorney or TBI specialist attorney?
I know of no attorney who only handles traumatic brain injuries to the exclusion of all others. There is no such specialty in the law.
Your husband's injury occurred at work so he needs to see a workers' comp attorney. There are some very good ones in the Salinas Valley and the Santa Clara Valley. Find a good one here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys here in CA who represent injured workers. Or you can call me for a referral.
YOU WANT a CERTIFIED SPECIALIST in Workers Compensation law ...
Certified Specialists passed an extra bar exam just in workers compensation regulations and case law, and then every year complete extra 'continuing education' studies just in new workers comp laws.
CERTIFIED SPECIALIST ATTORNEYS cost exactly the same as non-specialist 'regular' attorneys.
www.calbar.org lists specialists by their specialty and then by county. so when you see a name here on Avvo or CAAA just confirm that attorney is a certified specialist.
THEN: was the injury the result of a third-party with insurance or assets?? (100% of my deputies with brain injuries were hurt by an uninsured, unlicensed, penniless criminal, so there's no point in pursuing any civil judgement against those types)
If somebody with insurance and assets owed your husband a 'duty of care' and did something to breach that duty of care, there could be a PERSONAL INJURY complaint against that person.
It might be a premises owner who knew or should have known this type of injury would happen if left unattended/unrepaired.
For losses NOT covered by the Workers Compensation Act of the California Labor Code, a Personal Injury attorney could seek recompense.
but first get all recovery possible through the Workers Compensation insurer... you only part with 15% and it covers the medical treatment and getting records. Only pursue Personal INjury for the few things Comp won't cover (like pain & suffering, loss of consortium).
If your husband was injured as a result of a third party then he would be best advised to consult with both a workers compensation attorney and a personal injury attorney. There are nuances specific to each niche which are best addressed by lawyers whose practices focus on those areas of the law. The lawyers will be able to work together.
While there are attorneys who focus their practice on certain types of injuries - the categories are often more a result of the cause the accident than the body part injured. For example, there attorneys who have gained great reputations for cases involving dog bites, motor cycle accidents, truck accidents, severe immunization reactions, etc.
While injuries occurring on the job may be similar from a medical standpoint to injuries occurring while not on the clock, the laws are very different. Thus, attorneys may choose to focus on worker's compensation case OR personal injury cases (injuries occurring outside of work). For example, recovery for pain and suffering is usually not available under a work comp claim.
With regard to physical injury, injuries can occur on the clock of off the clock. If on the clock, a work comp attorney should be hired. If off the clock, a personal injury attorney. That said, there can be cases where both types of attorneys are needed as in when a worker driving a company vehicle on company time gets rear-ended by a negligent driver. The injuries can be covered under work comp laws and personal injury laws.
A traumatic brain injury may cause physical disability - weakness, spasm, balance, deafness, visual problems; or mental disease - anxiety, depression, personality changes, memory loss, speech difficulty (as opposed to difficulty talking). The areas of medicine that would treat such trauma include neurology, neurosurgery, psychiatry, and mixtures of these - as in double or triple boarded doctors like neuropsychiatrists.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
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