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If you or a loved one are suffering from a brain injury you may be able to take legal action against the party who caused you harm. Our legal team can help.
Let our lawyers help make your future a brighter one after a brain injury.
The brain is one of the most important organs in the body and despite constant study, doctors and scientists still aren’t entirely sure how it works or why two patients will similar injuries can have such different symptoms.
To make matters worse, brain injury claims can be very difficult to prove and insurance companies are hesitant to pay them because the injury is not readily visible. If you or a loved one have been involved in an accident caused by another person or group and you sustained a brain injury as a result, it’s incredibly important to work with an attorney who has experience with these types of cases.
Insurance companies in Delaware know the name Schuster Jachetti LLP because our legal team has fought to help thousands of residents who have sustained a traumatic brain injury. Contact us today for your free case review.
"So Grateful." I couldn't go back to work because of my TBI. Schuster Jachetti made sure I got the compensation I need.
Delaware Accidents That Frequently Result In A TBI
Almost any accident can cause a traumatic brain injury, however, in the past, our law firm has helped clients who were injured because of:
- Refinery Accidents
- Auto Accidents
- Slip and Fall Accidents
- Work Accidents
In each case, our legal team reviews the case, determines who was at fault, and then takes the necessary steps to hold that person or group legally responsible.
Can Medical Malpractice Cause A TBI?
Yes. Medical malpractice occurs when a medical professional makes a mistake that causes a patient harm. Common examples of medical malpractice include:
- Anesthesia Mistakes
- Surgical Mistakes
- Prescription Errors
- Birth Injury
While many patients sign waivers before undergoing a medical procedure, these waivers do not protect a medical professional from a lawsuit if they make a mistake while providing care.
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Does A Concussion Qualify As A TBI?
Yes, a concussion is considered to be a form of traumatic brain injury. Although some doctors may consider this a “mild” traumatic brain injury, the symptoms can include changes in vision, debilitating headaches, and memory loss. Worsening symptoms may appear over time if additional concussions occur.
Why Should I Consider Taking Legal Action If I Have Insurance?
When a traumatic brain injury occurs, it’s not always obvious at first and the symptoms of the injury may not show up until hours, days, or even months later. Although the insurance company may cover initial ER costs or testing, once discharged, they frequently stop paying and inform the patient that they reserve the right to terminate coverage because they believe that additional treatments won’t do any good.
A lawsuit, however, is intended to provide a plaintiff with full compensation for all past and future expected losses, including medical bills, lost wages, physical pain, and emotional trauma.
I Was Working When I Sustained A Brain Injury, Why Won’t Workers’ Compensation Pay?
Due to the often delayed onset of symptoms, many workers’ compensation insurance companies try to deny claims by saying that the injury did not occur while the applicant was working. Without an experienced workers’ comp attorney by your side, fighting these denials can be nearly impossible.
Let our lawyers handle the paperwork and insurance companies so that you don’t have to. That way you can rest easy knowing that you will be able to recover compensation not just through a lawsuit but also through workers’ compensation.
Can I Take Legal Action If My Loved One Died?
The harsh reality is that traumatic brain injuries frequently result in the death of a patient. Their loved ones, including the spouses, children, and parents, may be able to take legal action on their behalf.
A wrongful death suit can provide a family with compensation for lost income, lost companionship, lost inheritance, and funeral and burial expenses. It is typically the only way to ensure that those left behind to mourn can remain financially secure as they try to move forward.