A lawyer can assist in several ways after an airbag deployment concussion. Your attorneys’ mission will be to get the compensation you deserve, whether from an insurance company, a liable party, or some combination of both.
No single sentence adequately sums up a lawyer’s value to someone with a concussion. However, a Cape Girardeau personal injury attorney will protect your health by allowing you to focus on recovery.
The Many Ways a Lawyer Will Assist Someone With an Airbag Deployment Concussion
An attorney serves several roles: advisor, protector against insurance companies and other unfriendly parties, and legal servant. Your lawyer will:
Protect Your Rights
An attorney is your first line of defense.
They will look out for your rights and protect your best interests by:
- Ensuring you get all the medical care you need and documenting every aspect of your case
- Dealing with insurance companies
- Ensuring that insurance companies, liable parties, and others contact them—not you—about all case-related matters
- Helping you make all necessary statements, as saying or writing the wrong thing can compromise your financial recovery
If you hire an experienced lawyer, they’ll understand where potential threats to your case lie. They will handle as much of the claims or legal process as possible, as this is the surest way to protect a client.
Explain Your Options for Seeking Compensation
Once your lawyer understands the nature of your injury and case, they’ll explain how you might seek money for concussion-related damages. More specifically, your lawyer will explain how they can seek money for you.
The two most common ways to seek compensation for a concussion are:
- An insurance claim
- A lawsuit
Your lawyer will explain each option’s merits and recommend the best suits you.
Help You Form a Legal Plan
Once you and your attorney have decided which course of action to pursue, your lawyer will create a detailed case plan. They will execute this plan for you, making adjustments as circumstances evolve.
By outlining a general plan for your case, you can better understand how the claims or legal process is unfolding.
Secure Evidence Related to Your Concussion
An attorney will seek evidence showing:
- How your concussion happened
- What specific actions led to the concussion
- Who is responsible for causing your concussion
In short, a lawyer wants evidence of negligence. Such evidence may include witness accounts, video footage, expert testimony, accident reconstructions, incident reports, etc.
Establish Liability
Negligence is the legal standard for liability in car accident cases. This same standard typically applies to truck, motorcycle, pedestrian, and bicycle accidents—each of which may lead to airbag deployment concussions.
Your attorney will work to establish the negligent parties’ responsibility for your concussion-related damages.
A lawyer typically proves negligence by:
- Showing that the liable party (possibly a motorist) owed you a duty of care
- Showing that the liable party breached their duty of care by acting unreasonably
- Proving that the breach of duty of care caused your accident
- Establishing the damages resulting from the breach of duty of care
Your lawyer will be familiar with this argument and incorporate the facts of your accident to fit the well-established negligence argument.
Calculate and Document Your Damages
Doctors may use a computerized tomography (CT) scan to diagnose your concussion. They may also conduct neurological testing and consider your various symptoms to determine the nature of your injury.
Your lawyer will collect all relevant medical records to document your damages.
An attorney may also document your damages using:
- Past payment records, which may show how much income you have lost because of your concussion
- Invoices for any vehicle repairs related to your accident
- Medical bills showing the cost of concussion-related care
- Testimony from medical professionals, mental health professionals, and automotive professionals about your damages
- Any other documentation that helps prove your damages
Documentation is an essential part of concussion cases. With solid documentation, financially liable parties will be unable to contest the nature or value of your damages.
Lead Settlement Negotiations
Attorneys lead settlement discussions for clients who have suffered concussions. Arguably the most crucial step in civil cases, settlement negotiations can become heated. An experienced attorney will remain composed, stick to your accident and damages facts, and stand firm behind their settlement calculation.
Take Your Case to Trial (if Circumstances Warrant)
Some concussion-related civil cases require a trial. Among other reasons, your case might go to court if an insurance company or other liable party undervalues your case.
The trial carries risk for all sides. Each side can lose. For insurance companies, this means that they may have to pay a concussion victim more than they hoped. If your lawyer believes in your case and sees the trial as a worthwhile risk, they will take your case to court.
Why You Must Take a Concussion Seriously and Protect Yourself From Avoidable Stress
While you now understand what a lawyer can do for you, it is also essential to understand the realities of concussion injuries. The nature of your injury is, in its own right, a solid reason to hire an attorney (rather than handling your own claim or lawsuit).
Concussion symptoms may grow more severe. If you do not protect your health, you can worsen symptoms and prevent full recovery. One thing you can do is hire a personal injury lawyer to protect you from case-related stress
Some notable symptoms of concussions include:
- Slurred or slowed speech
- Memory problems
- Clumsy movements
- Loss of consciousness
- Abnormal mood, personality, and behavioral changes
- Head pressure and headaches
- Sensory sensitivity (including to noise and light)
- Confusion
- Brain fog
Each concussion may produce different symptoms with differing severity. In every case, failing to rest, receive treatment, and prioritize your health can prove catastrophic.
Why Those With Concussion Injuries Should Seriously Consider Hiring an Attorney
A brain injury is unique. Unlike a broken bone or soft tissue injury, the brain does not always heal predictably. Symptoms do not always occur predictably, either.
It is critical that you exercise the utmost caution when recovering from a concussion.
This typically means:
- Refraining from intense cognitive activity, which may include working
- Avoiding physical activity that can cause further harm to your brain, which may include certain types of work and exercise
- Ample rest
- Visiting your doctor regularly to monitor recovery progress and evaluate your treatment course
- Allowing help from others, including loved ones, friends, and a lawyer
Insurance claims and lawsuits can be intensely stressful. This is especially true of negotiations with an insurance company or other party that insists on underpaying (or even denying) your request for compensation.
Because recovery from a concussion can be unpredictable, and the consequences of worsening your concussion symptoms are great, consider hiring a lawyer. Your attorney will take on the stress of your claim or lawsuit so you can prioritize your health.
What Damages Will a Concussion Lawyer Seek Compensation for After a Harmful Airbag Deployment?
A lawyer will consider the total picture of your damages.
This includes:
- Damages that result directly from the accident
- Damages caused by treating your concussion (and any other injuries)
- Damages resulting from your concussion symptoms and recovery demands
Your lawyer will calculate the cost of:
- Property damage: If your vehicle’s airbags are deployed, your vehicle may have taken substantial damage. We also see motor vehicle accident victims with cell phones, clothing, jewelry, sunglasses, and other personal property damage.
- Temporary transportation: If you need a rental car, ridesharing services, or other temporary transportation while your vehicle undergoes repair or replacement, we’ll demand that liable parties cover the cost.
- Healthcare expenses: Diagnosing and treating concussions can be complicated and costly. A lawyer will consider direct medical expenses, premium increases, and other healthcare costs associated with your concussion.
- Mental health-related expenses: If you receive counseling or therapy, take medications, or need other treatment for psychological or emotional trauma, your attorney should include mental health costs in your case.
- Professional damages: Regardless of your line of work, a concussion will likely cause professional harm. Your professional damages may include lost income, reduced earning power, missed bonuses, missed promotions, and lost professional benefits. If your symptoms are long-lasting, a concussion can even cost you your livelihood.
- Pain and suffering: Pain and suffering from a motor vehicle accident and concussion may include depression, anxiety, physical pain, psychological distress, lost quality of life, and more.
Every concussion victim has a unique array of symptoms and damages. Your lawyer will work to quickly identify your damages, determine their cost, and fight for your settlement.
Who Is Financially Responsible for My Accident-Related Concussion?
Most airbag deployments are appropriate due to a collision occurring. Therefore, airbag injuries are usually the responsibility of the party who caused the crash. While an airbag manufacturer may be responsible for some airbag-related injuries, a lawyer will generally look to the party who caused the accident for liability.
Therefore, potentially liable parties for your airbag-related concussion include:
- A motorist: Dangerous motorist behaviors account for a substantial percentage of accidents. From speeding to drunk driving and running red lights, there are countless ways that a motorist can cause an accident. If a negligent motorist caused your accident and resulting concussion, your lawyer should demand that they pay.
- A motor vehicle component manufacturer: When motor vehicle defects cause an accident, a specific component is often responsible. Defective brakes and faulty tires are just two examples of components that can cause an accident. A motor vehicle or component manufacturer might be liable if their product caused your accident.
- Governmental bodies: Cities, states, and other governmental bodies may be liable for motor vehicle accidents. Uneven or potholed roads, defective traffic lights, unclear or downed signage, and dangerously positioned work crews may all be the responsibility of municipalities.
There is a unique story behind every accident. Your attorney will gather all relevant evidence and witness accounts to determine liability for your damages.
What Happens If I Choose Not to Hire a Lawyer After an Airbag Deployment Concussion?
You can face several severe issues if you choose to handle your own claim or lawsuit.
Taking on insurance companies without a lawyer can:
- Expose you to stress and responsibilities that worsen your concussion symptoms
- Make a potentially recoverable injury into a chronic or even disabling one
- Put you at a strategic disadvantage, as insurance companies employ experience negotiators—something you may not be
- Result in an unfavorable outcome to your claim
If you want to pursue a lawsuit, you may find yourself even more overwhelmed. Unless you have a legal background, learning the ins and outs of the civil justice system may be time-consuming, stressful, and costly. Your case itself may also be expensive.
A personal injury law firm will invest time, effort, and money into your claim or lawsuit. They will also provide an invaluable benefit: allowing you to focus on your recovery from a concussion.
How Do Concussion Accident Victims Pick the Right Lawyer for Their Case?
Concussion accident victims must first identify law firms that serve their geographical area.
Once you have identified law firms that serve your location, you can consider:
- Whether the law firm handles car accident cases (most personal injury firms do)
- What case results have the firm gotten for former clients
- How former clients review the law firm (check Google, which may give a balanced perspective of a firm)
- Whether the law firm uses contingency fees, which benefit the client
Complete free consultations with prospective law firms. These no-cost meetings are commonplace among personal injury firms. The meeting allows a lawyer to evaluate your rights, and you may get a better feel for a law firm by speaking with their representative.
Speak With Local Personal Injury Lawyers to Seek the Money You Deserve
Do not wait to review and contact personal injury lawyers in your area. The lawyer you choose may face a statute of limitations, limiting the available time to file your case. The sooner you find and hire a personal injury law firm in Cape Girardeau, the sooner you can get back to recovery.