An experienced brain injury lawyer knows it’s devastating to a family when one of their loved ones sustains a brain injury due to someone else’s negligence. It is life-changing and often irreversible. Suddenly the future becomes uncertain as huge medical bills roll in, creating tremendous financial strain.
You don’t have to go it alone. Brain injury lawyer Billy Johnson has worked with many families who are just like you, and he is committed to achieving legal justice and securing for his clients the financial compensation they deserve. The carelessness and negligence of another person or company should never mean the disintegration of your family’s well-being. Don’t let that happen. Billy will hold the insurance companies and corporations accountable, and he will not rest until your future is secure.
Talk to Billy today about your situation and begin to take back control of your family’s future.
For a free initial consultation about your case, call Billy at (606) 437-4488.
Why Do I Need a Brain Injury Lawyer?
These cases are complex, and it takes a deep knowledge of the law to construct a strong legal argument. It also takes financial resources to gather evidence, compile eyewitness statements and hire expert witnesses, if needed. These are all things a skilled and experienced brain injury lawyer can bring to the table. It is too much for one individual to try to do all of this on their own without the help of a trained brain injury attorney. Billy has been a successful personal injury attorney for many years, and his talent and commitment increase your chances of a favorable outcome.
This means getting the maximum amount of compensation and handling the routine work involved in head injury claims. Our attorneys do everything from filing paperwork to crafting a strategy that will be implemented in trial or settlement negotiations.
Without an attorney, you’d need to learn an overwhelming amount of information about injury law. The learning curve is rather steep in this area of the law. In a personal injury claim, you should leave as little to chance as possible. By hiring a skilled, experienced Pikeville brain injury lawyer, you’ll be placing your claim in the hands of someone who has a deep understanding of the routine procedures that must be followed and the big-picture approach to a successful injury claim.
How Do I Know if I Have a Head Injury Claim?
The biggest indicators of a potential injury claim are (1) the existence of costly injuries caused by (2) the negligence of another person. In other words, if you’ve suffered a traumatic brain injury that was someone else’s fault, consider your legal options.
There are other indicators that you may have a valid head injury claim. For example, if you were involved in a car accident and the police report suggests that the other driver was responsible, that’s a strong sign you have a viable claim. A skilled Pikeville brain injury attorney will be able to evaluate your case to determine the likelihood of your claim’s success. To get that conversation started, call Billy Johnson today at (606) 437-4488.
Statute of Limitations in Kentucky
There’s a time limit on how long you have to file an injury claim. This is called the statute of limitations. Kentucky’s statute of limitations is one year from the time you suffered the injury. This time limit in Kentucky is shorter than it is in other states, so that means you don’t have a lot of time to make your decision and get the ball rolling. If you are considering filing a claim after suffering a traumatic brain injury, it’s in your best interest to act quickly.
At the Johnson Law Firm, we handle cases involving all types of brain injuries, including:
- Diffuse axonal injury
- Coup-contre coup injury
- Second impact syndrome
- Open- and closed-head injuries
- Penetrating injury
- Shaken-baby syndrome
- Locked-in syndrome
- Anoxic brain injury
- Hypoxic brain injury
If you or a loved one has suffered one of these injuries in a vehicle crash, workplace accident or accident at a commercial or retail location, you may have a brain injury claim. The best way to find out whether you do is to speak to an experienced brain injury attorney like Billy Johnson. Give us a call at (606) 437-4488 and we can discuss your situation and the legal options you have.
How Much Does a Brain Injury Lawyer in Kentucky Cost?
Attorneys can charge clients in many different ways. At the Johnson Law Firm, our brain injury lawyer works on a contingency fee, which means that we accept a fee only if we win your case. If your claim is successful, our attorney’s fees are paid by the defendant as part of the settlement or jury award. If for some reason your claim is not successful, then you owe us nothing. This takes the financial burden off our clients in the event that their claim does not result in compensation.
How Does a Brain Injury Settlement Work?
A settlement is the result of negotiations between the opposing parties involved in a lawsuit. The representatives of the plaintiff (the injured party) and the defendant (the negligent party) will seek a compromise in the form of financial compensation. Your brain injury attorney will attempt to make the settlement as substantial as possible by building a solid case and dealing firmly with the other side. Brain injury attorney Billy Johnson has years of experience in these types of negotiations, and he knows when an insurance company or corporation is trying to low-ball one of his clients. His insights and experience are invaluable in working to secure the best compensation possible. If you have questions about your specific case and the settlement amount you might receive, call Billy at (606) 437-4488.
Would I Have To Testify at a Trial?
That is a decision that you and your brain injury attorney would make together. In some cases, a plaintiff or members of their family testify in the courtroom, and in other trials this may not be the case. Whatever happens, you will be involved in the decision-making. For now, it is not something to worry about because it’s a long distance between filing a claim and testifying in court. Your case may reach a settlement and never even go to trial.
What Leads to a Successful Brain Injury Lawsuit?
A brain injury lawyer prepares a great deal of paperwork, does a substantial amount of research and goes through several necessary processes when filing a claim. But brain injury attorneys in Kentucky that achieve the biggest results for clients go much further than simply covering the day-to-day business of handling a claim. They consult expert witnesses, take several depositions, work with their client to prepare them for their own depositions, look for relevant rulings in similar cases and spend time explaining the progress of a case to their client. This is what brain injury lawyer Billy Johnson does. He goes that extra mile to make sure he has done everything he can to position his clients for a favorable legal outcome.
A successful lawsuit requires a skilled, experienced attorney who knows how to get results that reflect the harm his or her client has suffered. This is particularly true of traumatic brain injury cases, which are known for their complexity.
What Expenses Are Covered by an Injury Claim?
Brain injuries can be incredibly costly for a sufferer. The expenses incurred as a result of an injury are commonly referred to as damages. Damages include the economic impact of an injury, such as medical bills, property damages and lost income due to time missed at work or reduced earning capacity. Damages also include other consequences of an injury, such as pain, suffering and diminished quality of life. While these damages are more difficult to quantify, an experienced brain injury attorney in Pikeville will know how much to seek in non-economic damages.
Who Can Be Sued for a Brain Injury?
The person who was at fault for a brain injury will generally be the party named as the defendant in an injury claim. In some situations, this is obvious. For example, a driver who falls asleep at the wheel and strikes another vehicle will be liable for the damage they have caused. In other cases, multiple parties might be responsible for someone’s injury, in which case several people might be named as defendants. If you have additional questions about the parties that can be sued in your case, brain injury attorney Billy Johnson would be glad to discuss this in greater detail. Give him a call at (606) 437-4488. He would be glad to hear from you.
What Does Negligence Mean?
Negligence means a failure to take a reasonable amount of care. Negligence is careless or reckless behavior. It is not necessary that someone intended to cause harm for them to be considered negligent — only that they acted in a manner which was irresponsible.
How Is Fault Determined in a Brain Injury Case?
If you’ve been involved in an accident, you might have strong opinions about who was to blame for your injury. However, from a legal perspective, brain injury attorneys must consider several factors when determining fault. They’ll look at police reports, talk to witnesses and investigate the circumstances and contributing factors of an injury to find out exactly who should be held responsible.
Featured Article: Concussion Awareness: It’s a No-Brainer
Justin Bieber ran into a glass wall; a backup dancer struck Lady Gaga on the head with a pole; Hillary Clinton hit her head when she fainted; Elvis Presley blacked out after banging his head on the side of a bathtub. It’s human nature to check for bleeding and, usually finding none, we rub the spot that hurts and carry on. But that’s the insidious nature of concussions – if there is any bleeding or swelling, it’s internal. Keep Reading
Causes of Traumatic Brain Injuries
Brain injury can be complex and overwhelming. Our Pikeville TBI lawyer is here to help victims in a wide range of TBI cases, such as those whose injuries arise from:
- Car wrecks
- Motorcycle wrecks
- Truck wrecks
- Defective products
- Gas explosions
- Slips and falls
- Workplace accidents
We know that many victims suffer their TBI injury in a vehicle accident (car, truck, motorcycle, ATV) or at work, though a significant number of victims were injured by a slip-and-fall injury in a public place or from a sports injury.
- Vehicle Accidents – Among all age groups, motor vehicle crashes were the third overall leading cause of TBI-related emergency room visits, hospitalizations, and deaths (14 percent). When looking at just TBI-related deaths, vehicle crashes were the third leading cause (19 percent) in 2013, according to the CDC.
A common explanation is that when a moving head comes to a quick stop, the brain still continues its movement, smashing against the skull’s interior. This can cause bruising of the brain (a contusion) and/or bleeding (hemorrhage), neither of which may be detectable immediately after the accident. Sometimes it can take a week or two for this kind of TBI to become apparent.
Blunt force trauma is a more serious type of vehicle accident-related TBI. A moving head strikes a stationary object like the windshield, dashboard or flying foreign object. Usually an open head wound accompanies such violent contact. Blunt force trauma can also happen when the victim is ejected from the vehicle. TBIs are common occurrences in bicycle, motorcycle, or ATV mishaps when riders don’t wear a protective helmet.
- Workplace TBI – According to a 2016 report by the National Institutes of Health (NIH), of the 7,300 work-related fatalities it studied that year, 29 percent were due to head injuries associated with falls or being struck in the head by an object.
Certain industries pose a higher risk of TBI-related accidents, including construction, transportation, agriculture, forestry, fishing and emergency medical services. Construction workers are by far most likely to suffer a TBI on the job; 1,828 died from a workplace TBI in 2016, according to the NIH study.
Common reasons for workplace TBIs include failure to wear a hard hat or wearing a damaged or inferior quality hard hat, and suffering either a slip and fall or being hit by a falling object. Other workplace mishaps that can cause TBIs are machinery accidents and toxic chemical exposure.
Regardless of the cause of your injury, if you believe it was caused by negligent actions of others, talk to our Pikeville TBI lawyer to find out whether you have a case. Billy Johnson is a KY SuperLawyer and a Million Dollar Advocate, so you’ll have an attorney with strong experience and a winning record on your side. Call us at (606) 437-4488 for help today.
Delayed Symptoms of TBIs
If you have been injured in an accident involving a blow to your head, it is important to understand the delayed path that brain injuries may take. Unlike cuts or broken bones, TBI symptoms may be delayed. Additionally, symptoms may be mild at first and worsen over time. You should seek medical attention if you experience:
- Balance problems
- Excessive drowsiness
- Loss of consciousness
- Memory problems
- Sensitivity to noise or light
- Severe headache
- Slurred speech
- Vision loss
- Weakness in extremities.
What You Should Do after Suffering a Brain Injury
See a doctor immediately and tell someone in authority about the accident that led to the brain injury. In the case of a car accident, this means alerting the police about the crash. If you suffer a head injury on the job, alert your supervisor as soon as possible, preferably in writing once you are able to do so.
In the days, weeks and months that follow, keep copies of all documents related to your brain injury. This can later be used to determine how much you should seek in a claim. If you suspect that your injury is serious, and you are considering taking legal action, contact a brain injury attorney as soon as possible.
More specific than the term “brain injury” (which may refer to any damage, slight or catastrophic) a TBI occurs when sudden trauma to the head disrupts the brain’s function. The severity of a TBI may range from “mild” to “severe” — from a brief change in mental status found after a mild concussion without loss of consciousness to an extended period of unconsciousness, coma, or amnesia.
A landmark 2006-2010 study by the CDC discovered that among all age groups, the most common reasons for TBI were:
- Falls (40.5 percent)
- Unintentional blunt force trauma (15.5 percent)
- Vehicle accidents (14.3 percent)
- Assaults (10.7 percent)
- Other (unknown) causes (19 percent).
When considering number of deaths from TBI, motor vehicle crashes were the second leading cause – 26 percent – behind accidental slips and falls.
TBI can produce a number of physical, cognitive, social, emotional, and behavioral effects. Many victims experience significant changes to otherwise normal lives. It is estimated that brain injuries have caused around five million Americans to need lifetime help in order to manage daily activities.
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Don’t Delay, Call Billy Johnson Today
With each day that passes, new symptoms can arise and additional care may be needed. That means large medical and doctor bills and a less-than-certain future for you and your family. It is important that you hire a skilled brain injury lawyer sooner rather than later so that the legal process can begin. The negligent parties need to be held accountable, and you need to secure the financial compensation you deserve. Billy is a compassionate and caring Pikeville brain injury lawyer who looks out for his clients by aggressively going after insurance companies and large corporations. For a free initial consultation about your case, call Billy at (606) 437-4488.