The human brain is an amazing organism, but it’s also pretty delicate—there’s a good reason it’s encased in the hard shell of the human skull. Often, even a minor jolt to the brain can cause cognitive dysfunction—more than a million people seek medical treatment every year for brain injuries, according to the Centers for Disease Control (CDC). When you’ve sustained a brain injury, there are specific steps you need to take to protect your legal interest.
Get the Medical Care You Need
This is always your first priority. The sooner you seek medical attention, the better your chances of recovery. Furthermore, you minimize the risk of an intervening accident, which might give defense counsel a basis for denying liability.
Hire an Experienced Attorney
Brain injury claims are among the most complex cases to litigate, with highly specialized legal and medical issues. You need a lawyer who understands the causes of brain injury as well as all the potential medical consequences. Your attorney will help you determine whether you have a claim and the legal basis for a lawsuit. In most instances, that claim will be based on allegations of negligence. You’ll need to show that the defendant (the party being sued) had a legal obligation to use a certain level of care and failed to do so; that the accident was a result of that failure; and that you suffered injury as a result of the accident.
Gather and Preserve Evidence
As soon as possible, you want to start compiling evidence to support your claim. When your head is clear, you should write down as much as you can recall about what happened. If there were witnesses, get their contact information—name, phone number, e-mail address, street address—so that your attorney can easily contact them. If possible, take pictures of the scene of the accident, of any injuries you suffered, and of any damage to your personal property.
Contact Mallon & Tranger
Don’t ignore a personal injury, regardless of how insignificant it may seem. We offer a free initial consultation to anyone in New Jersey who has been a victim of a personal injury. For a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.