Brain Injury and Serious Head Injury Claims

The Deadline to File Such Claims in Court

hourglassThe deadline for filing most brain damage claims in court in Hawaii is two (2) years from the date when (a) the victim was exposed to the danger and (b) SOME injuries resulted therefrom.  The time is NOT necessarily measured from when the severity of symptoms actually become full-blown, but rather from when the first signs of the brain injuries start to manifest themselves.  It should be noted, however, that there are also some exceptions to this rule – for example, claims against the City and County of Honolulu and the various other Counties are supposed to be filed with the appropriate agency within six (6) months of the date of the accident.  You must file your claims in court (or otherwise) prior to the expiration of such deadlines, or your claims may be lost—regardless of their merit.  To be wise it is recommended that you immediately contact an attorney after an accident giving rise to a possible brain injury occurs.   Please do not hesitate to :

Contact Hawaii Injury Lawyer | Attorney now for a free evaluation of your case.

Brain Injury – the “silent epidemic”

According to the Brain Injury Association of America- each year, brain injury claims more than 50,000 lives and leaves more than 80,000 individuals with lifelong disabilities.  The silent epidemic of brain injury is illustrated best by a 1999 statistic from the Centers for Disease Control and Prevention, there currently are at least 5.3 million Americans living with a disability as a result of brain injury.

A brain injury is often the result of a vehicle crash, a serious fall, a medical error or a sports injury.  It has been said that every 21 seconds someone suffers a brain injury.  The impact of a brain injury can be devastating, but a brain injury attorney can help lessen the impact that the brain injury has on the lifestyle of the patient and his or her family, by helping to reduce the financial strain caused by the brain injury.

Serious Head Injuries – Medical treatment

What parts of the brain have been affected will usually determine what symptoms may appear.  Even when an accident has not resulted in visible damage to the outside of a patient’s head, there can still be extensive brain injury.  Such injuries with minimal external damage to the head are often left untreated because the individual and his health care providers underestimate the impact of the injury.  It can be important to have an MRI taken in order to obtain an accurate diagnosis of a brain injury, even when the outside of the head does not display extensive wounds.

All potential TBI (traumatic brain injury) victims should seek proper medical evaluation from a doctor trained to recognize TBI signs and symptoms. The symptoms are generally easiest to recognize in the days immediately following when the accident occurred.  Some treatments are most effective only when implemented promptly after an accident.  As the internal swelling and recent trauma to the brain have a chance to heal, the relationship between a specific trauma and the injuries can be obscured. TBI will not always heal completely, and when it does not, it may leave residual effects on the cognitive functioning, the emotions, the personality and other basic functions. The sooner that a brain injury is properly diagnosed, the sooner treatment can begin to reduce the long term impact on the patient, to prevent further deterioration and to try to recover any lost functioning.

Living with a Severe Head Injury

Patients who have experienced permanent brain injury symptoms can sometimes learn to re-train other parts of their brain in order to compensate for the lost functioning.  Such compensation generally has the best results when the proper treatment is commenced shortly after the accident has occurred.  Such treatments can be costly. Moreover, they come at a time when the patient’s family is already experiencing financial loss and emotional upheaval. When a brain injury limits the victim’s ability to participate in work and social activities- the strain on the patient and the patient’s family can be very challenging.  In such circumstances obtaining the assistance of a competent brain injury attorney may help to ease the financial strain.

Spouses, children acting as caregivers and parents of those who have sustained a brain injury often find themselves overwhelmed with an ongoing need for help and for information.  Finding help can be a complicated and exhausting task. An experienced and qualified attorney can often help with these challenges as well.

biaa-logoFor further information about brain injury and serious head injuries, you may wish to: Contact the Brain Injury Association of America for more information.

To confer with a brain injury attorney in Hawai’i, please contact us.