Our Oakland County car accident lawyers car accident lawyers recently filed a third party Michigan lawsuit for the driver of a car that was rear-ended by the defendant. Injuries include, but are not limited to a closed head injury. The defendant driver was a recently licensed 17 year old who was not paying attention to traffic in front of her when the collision occurred.

The lawsuit was filed in the Oakland County Circuit Court in Pontiac, Michigan. It seeks damages for pain and suffering and disability caused by the incident. No trial date has been set for the case.

A traumatic brain injury (TBI) is defined as a blow or jolt to the head or a penetrating head injury that disrupts the function of the brain. TBI can result when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue. Not all injuries to the head result in TBI and the severity of the brain injury can range from “mild” to “severe.”

According to the Centers for Disease Control and Prevention (CDC), 1.4 million people sustain traumatic brain injuries each year in the United States. Of these people 50,000 die, 235,000 are hospitalized, and 1.1 million are treated and released from an emergency department.

Victims of auto accidents who suffer brain injuries or closed head injuries do have legal rights. If you are a victim of a car accident then contact one of experienced Michigan car accident lawyers at 800-606-1717 to discuss your case.

After a traumatic brain injury, it is usually a team of dedicated medical professionals that assist the patient and family with recovery and rehabilitation.  The licensed professionals involved in the care of brain injury patient during recovery may include:

• Neurosurgeon: A surgeon expert in diseases and conditions of the nervous system. Often the attending physician who manages the
  case.
• Neurologist: A physician who specializes in the nervous system and its disorders.
• Pulmonologist: A physician who manages problems with respiration and lung disorders.
• Physiatrist: A physician who specializes in physical medication and rehabilitation.
• Orthopedic Surgeon: A surgeon who specializes in diseases of the bones and treats injuries to the limbs and back.
• Neuropsychologist: A psychologist with specialized training in relationships between the brain and behavior.
• Nurses: Nursing staff provides direct patient care in all phases of the recovery process including administering oral and intravenous
  medications, positioning patients, and carrying out physicians’ orders.
• Physical Therapist: Evaluates components of movement, including muscle strength, tone, posture, coordination, endurance, and general
  mobility.
• Occupational Therapist: Focuses on reestablishing the activities of daily living, self care, and upper body motor skills.
• Speech/Language Pathologist: Responsible for evaluating and assisting with swallowing problems, communication difficulties, and
  cognitive deficits.
• Respiratory Therapist: A person skilled in operating machines to aid breathing and keep the airway open.
• Social Worker/Case Manager: A liaison between the professional team and other parties concerned with the patient.

Depending on the consequences of the brain injury, other professionals as appropriate may also include a neuro-ophthalmologist, behavioral optometrist, recreational therapist, biomedical engineer, certified driving educator, infectious disease specialist, orthopedist, and vocational rehabilitation specialist.

In addition to medical providers, the brain injury victim also needs an experienced lawyer to assist him or her with receiving insurance benefits, treatment, and in filing a lawsuit against the person or entity that caused the brain injury.  Our Michigan brain injury lawyers work together with the medical professionals on the same team to help the patient and their family through the entire process.

An important part of every patient’s traumatic brain injury recovery “team” is the Case Manager.   A case manager usually has a nursing background or is a counselor experienced with vocational rehabilitation programs.

A case manager is particularly helpful when the condition is a traumatic brain injury or a severe injury to the spinal cord. Here are some responsibilities of a case manager:

• Coordinating the overall treatment with multiple medical specialties including doctors and clinics.
• Locating the best doctors according to the victims’ specific needs.
• Scheduling doctors’ visits.
• Assistance with home renovation after the victim is released from the hospital, including building of ramps, procuring hospital beds, etc.
• Assisting the victim during recovery phase. Helping him to procure and use medical appliances like wheelchair, etc.
• Moderating discussions between the victim, his family and the health insurance company.
• Helping with all other services related to the victim’s post-hospitalization care, support, recovery and rehabilitation.

Under the Michigan No-Fault laws and the car insurance policy, a victim is entitled unlimited services from a case manager, except that the case management services that the victim is entitled to, must be relevant to his needs for recovery and rehabilitation.

It is common for the No-Fault insurance company to insist on a case manager of their choice. Since there are chances of conflict of interest, we recommend you to disregard this request. In fact, such case managers can jeopardize the chances of the victim getting complete medical treatment as well as other benefits.

For your information, the victim has every right to choose his own case manager instead of depending on the services of the case manager provided by the insurance company, to take care of his needs; like other medical benefits, the case manager can render services for as long as required.

Many times, the insurance companies  refuse to pay for these benefits. In case this happens to you, you have no other choice but to make a legal appeal so that the company pays for the services.  It is here that the Michigan car accident lawyers play a big role in getting your benefits paid.

Our Michigan traumatic brain injury lawyers have obtained significant brain injury settlements for our clients who have suffered brain injuries and closed head injuries.  These include brain injuries suffered  in accidents, toxic exposures, and through medical malpractice.  Some samples of these settlements include:

• $3,750,000 settlement in a medical malpractice claim
• $1,800,000 settlement in a truck accident lawsuit
• $1,425,000 jury verdict in a slip and fall case
• $1,400,000 settlement in a child lead poisoning case

In determing the “value” of a traumatic brain injury claim, the degree and severity of the injury is extremely important.  Other factors include the extent of the impairments, the loss of income and future earning capacity, the need for supervised living and housing, and future medical expenses and educational expenses.  Because brain injury victims often have permanent impairments and disabilities, the claims are often significant.  T

In addition to the economic losses, the brain injury survivor’s life has often been completely interrupted and altered.  Simple things, like driving and cooking, can no longer be performed.  With psychological issues, memory problems, and other disturbances, the brain injury victim can no longer live close to the same life as he or she did before the injury.  The law permits for compensation for these losses.

It is important to choose a brain injury lawyer who understands the medical issues related to these types of injuries and the way that they affect the life of not only the victim, but the entire family.  Lawyers without this expertise will simply not obtain full justice for the victim.