Head and Spinal Injuries

Head and spinal injuries are often the most difficult to deal with. If you or someone you love has been injured in the head or spinal area, it's important to arm yourself with as much information as possible to make the best legal decisions. And it's important to hire an attorney early in the process.

Most personal injury attorneys take head and spinal cord injury cases on what's called a "contingency fee" basis. The attorney doesn't get paid unless you win in trial or collect a settlement, so it's best to find an attorney who specializes in head and spinal injuries.

There is often a time limit on how long after an injury you can wait to file a case against the person who caused the injury, called a "statute of limitations." This time limit usually starts ticking at the time of the injury, although with severe head injuries these time limits are sometimes relaxed. It's best to start putting your legal case together right away by hiring an attorney immediately.

An attorney may be able to get your upfront medical expenses and rehab costs paid right away, so that the immediate financial crush is lessened.

Spinal Cord Injuries

The spinal cord consists of four regions (cervical, thoracic, lumbar and sacral). Usually, the further up the spinal cord the injury occurs, the more severe the injury. The type of injury will generally identify where on the spinal cord the injury occurred and what, if anything, can be done to improve function after the injury.

Although auto accidents are the most common cause of spinal cord injuries, they also occur as a result of sports, falls and violent acts.

Head Injuries

Brain injuries can include:

• Tearing of the delicate brain tissue, such as from a sudden impact
• Bruising, caused by impact to the skull
• Swelling
• Deprivation of oxygen, called "anoxic" brain injury

Traumatic brain injury can cause:

• Coma
• Concussion
• Paralysis
• Concentration and memory problems
• Behavior and personality changes
• Loss of senses, such as touch or smell
• Depression and anxiety
• Impaired speech and vision
• Seizures

Who is legally responsible?

If you have a head or spinal injury on the job, your employer's workers compensation insurer will cover the medical care and expenses. But you may also be able to sue a third party, such as a general contractor or the manufacturer of a defective product.

You may also be able to file a claim against the treating hospital, and your HMO and/or physicians, if your injury was worsened by poor medical treatment.

Even if you were partially to blame for the injury, you may still be able to recover some of your expenses. In many states where "comparative negligence" or "comparative fault" laws are in place, the amount of another person's liability can be figured out by comparing his or her negligence with your own. In other states known as "contributory negligence" states, you won't be able to recover any compensation if your own negligence substantially contributed to the injury.

Collecting Evidence

Your personal injury attorney will collect evidence for use in trial or in settlement negotiations with insurance companies, such as:

• Medical and rehab records
• Witness statements and observations
• Police reports and workplace incident reports
• Reports by forensic experts, such as accident reconstructionists

Compensation

As a victim of a head or spinal injury, you may be able to collect money for the following types of loss:

• Economic damages, which could include medical care and rehab, nursing home care, loss of earnings and loss of earning capacity
• Noneconomic damages, such as for your pain and suffering, disfigurement and loss of enjoyment of life
• "Loss of consortium" (intimate relations) on behalf of your spouse
• Alterations to your home
• Costs of personal assistance
• Future medical treatment and rehab costs
• Costs of altered transportation and mobility help

It's most important to find a personal injury lawyer who specializes in trucking accident cases as soon as possible after the accident, so that the evidence can be properly preserved and you can get the compensation you need and deserve.

Sherrie Bennett is a divorce lawyer in Seattle, Washington. Her firm's Web site, www.goldbergjones-wa.com, includes other information about divorce in Washington.

Related Resources:

	General Personal Injury Message Board
	General Workers' Compensation Message Board for more help