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Fort Smith Brain Injury Attorneys

Why do I need a lawyer after a traumatic brain injury?

Traumatic brain injuries are unlike any other type of injury. They are unique, complicated and can be devastating. These injuries can remain undetected and untreated for quite some time. Brain injuries can be debilitating and burdensome for victims and their families. Ensuring that you or a loved one receives proper care and compensation after a brain injury is undoubtedly your greatest concern.

Having a team of seasoned legal experts on your side is the easiest way to have the peace of mind that your case is being handled properly. Partnering with a strong firm puts you in a position to have the most favorable legal outcome. Your focus should be on recovery rather than on the details of a lawsuit. If you or a loved one has suffered a brain injury in an accident where you are not at fault, legal action may be necessary and is your right. Discussing your options with a lawyer will help ease you along the path to recovery. Now is not the time to stand alone. Seeking legal representation is the best way to gain the compensation and justice you or a loved one deserves. Brain injury cases can be detailed and difficult. Competent legal representation is vital in gaining a successful legal outcome.

The process of recovering from a brain injury can be difficult enough without having to worry about how you will afford your medical bills. With that in mind, there is no reason that you should have to shoulder the financial burden of an accident for which you are not responsible. Our Fort Smith legal team will be committed to helping you pursue fair compensation for the injury you sustained.

At McCutchen & Sexton – The Law Firm, our Fort Smith brain injury attorneys have the experience and the resources that you will need as you pursue your claim against the responsible party.

What is a traumatic brain injury?

By definition, anyone who suffers the loss of consciousness has sustained a traumatic brain injury. However, traumatic brain injury victims will not necessarily lose consciousness after their accident. In fact, we frequently work with clients who sustained brain injuries despite the fact they did not even hit their head in the accident.

The accepted definition of a mild traumatic brain injury, as developed by the Mild Traumatic Brain Injury Committee of the Head Injury Interdisciplinary Special Interest Group of the American Congress of Rehabilitation Medicine, includes:

  • Any period in which consciousness is lost
  • Any loss of memory regarding the events immediately before or after an accident
  • Any alteration in the victim’s mental state at the time of an accident
  • Any focal neurological deficit(s) that may or may not be transient

Our attorneys know that it is frequently difficult to diagnose a mild traumatic brain injury, even though the injury may be significant enough to disrupt an individual’s entire life. Though a proper diagnosis will be more critical to obtaining proper treatment, it will also be a key element of your claim.

In many cases, doctors to fail to diagnose traumatic brain injuries after serious accidents involving brain trauma. Proving the extent of a brain injury and the impact it will have on your life is an important matter that shouldn’t be trusted to an inexperienced law firm.

Consult with a Brain Injury Attorney in Fort Smith

At McCutchen & Sexton – The Law Firm, our Fort Smith brain injury attorneys will fight on your behalf to pursue fair compensation for the injury you sustained. For over 25 years, McCutchen & Sexton – The Law Firm has represented our community in Fort Smith and across the state of Arkansas. Our team treats each client with the individualized care and attention they deserve. We have become a well-respected member of the community with a proven track record. Our goal is to provide you with expert legal representation to guide you to fair compensation and justice. With the means to cover your medical care, you will be able to focus on the critical task of returning to normal. To discuss the particulars of your case with one of our experienced personal injury attorneys, please call our Fort Smith offices at (479) 783-0036 or fill out one of our online contact forms today.

Brain Injury FAQs

What is the cause of a traumatic brain injury?

A traumatic brain injury may be caused by any significant amount of force to the head. Although most injuries occur when your head is physically hit, even abrupt movements, such as during a car accident, may cause substantial damage. This type of force disrupts the brain, which is suspended in fluid within your skull, and pushes it against the walls of the skull. This may cause bruising or bleeding in the brain, which impacts or inhibits a variety of brain functions. The severity of the brain injury may differ depending on the force of the blow and the area of the brain affected. Brain injuries most commonly occur during falls, traffic accidents, and blows from falling objects.

What are the common symptoms of a traumatic brain injury?

Determining if you or a loved one has suffered a traumatic brain injury may be tricky. Signs and symptoms can go unnoticed for long periods of time after an accident, making them even harder to identify. Each brain injury is unique making identifying the symptoms confusing. According to the Mayo Clinic, traumatic brain injury symptoms can manifest in several ways. These symptoms include:

  • Physical Symptoms include but are not limited to:
    • Headache
    • Nausea/Vomiting
    • Excessive sleep or fatigue
    • Loss of consciousness
    • Dizziness
    • Speech difficulties
  • Sensory Symptoms include but are not limited to:
    • Bad taste in the mouth
    • Sensitivity to light
    • Ringing in ears
    • Sensitivity to light
    • Impaired ability to smell
  • Mental Symptoms include but are not limited to:
    • Confusion
    • Memory problems
    • Mood swings
    • Anxiety/depression
    • Aggression
    • Speech difficulties
    • Prolonged loss of consciousness

If you or a loved one has been involved in an accident and are displaying symptoms, a traumatic brain injury may have occurred. Seeking medical and legal consultation are essential in order to get the care and compensation you or a loved one is entitled to.

What are common long-term effects of brain injuries?

Most people suffer from short-term consequences of a brain injury, such as loss of consciousness, headaches, and confusion, but these symptoms typically subside after the brain has healed. However, if you have suffered a moderate or severe brain injury, you may face long-term effects of the injury that will not subside, creating a lifelong disability. The most common physical effects of a brain injury include limited or impaired mobility in your arms or legs, increased muscle tension, and the possibility of seizures. More commonly, however, individuals with a brain injury suffer from cognitive and emotional changes, such as the inability to concentrate or pay attention, difficulty with memory, mood swings, increased irritability, and difficulty understanding or expressing emotions. All of these effects may have a serious impact on your ability to communicate with others or perform daily tasks.

How can compensation assist me with my brain injury?

When you have sustained a brain injury, you will likely incur a multitude of expenses related to the injury. Most individuals face significant medical bills, from hospital stays and recovery from the incident. Additionally, many people seek physical rehabilitation or speech therapy in order to mitigate the effects of the injury. You may also find that it is difficult or impossible for you to return to your job or to return to work at all, which will make acquiring income significantly more difficult. However, if you received your brain injury in an accident or work-related incident, you may be able to receive compensation, which can help you over these expenses. A skilled lawyer can help you build your case, in order to remove this undue burden on you and your loved ones.

Who is at fault for my brain injury?

Having an attorney assist you in determining who is at fault and why, is essential in a lawsuit. Brain injury cases are often more complex than other injury lawsuits. Proving that a traumatic brain injury has occurred, when it happened and how, are just a few of the details that require a veteran attorney.

More often than not, brain injury lawsuits revolve around negligence. In order to prove that a party has been negligent, four things must be proven:

  • The defendant was legally bound to act with reasonable care (commonly expressed in law as the defendant owed the plaintiff “duty of care”).
  • The defendant failed in upholding their duty of care
  • The defendant is responsible for the injury, either through their action or inaction; and
  • The plaintiff suffered injuries as a result

Proving that all of these things occurred can be extremely difficult for an individual or an inexperienced attorney. Brain injury cases can be especially complicated. Proving that a brain injury has happened as a result of negligence requires experienced and trusted legal representation. Gaining compensation for your injuries is fair and just. Your only concern should be recovery and gaining back a sense of normalcy. Racking up medical bills and work days missed due to someone else’s negligence entitles you to financial compensation and justice. Compensation for brain injuries can take a variety of forms. A qualified team of attorneys can help you gain the compensation that is fair for you or a loved one.

Contact Us

To schedule a consultation with McCutchen & Sexton – The Law Firm, to discuss the details of your case, call us today at (479) 783-0036 or fill out one of our online contact forms. McCutchen & Sexton – The Law Firm is committed to helping you gain the care and justice you deserve.