The Workers Compensation Claim Process, how to claim injury compensation.#How #to #claim #injury #compensation

The Workers’ Compensation Claim Process

Most employers are required to carry workers’ compensation, or workers’ comp, insurance to cover employees who are injured on the job. Employees do not have to prove fault in order to recover, but benefits are not automatic. Specifics of the workers’ compensation claims process vary by state, but injured employees generally must notify their employer and the workers’ comp carrier. Regardless of state laws, however, injured employees are always encouraged to obtain any necessary medical treatment first.

Assuming you’ve already received medical attention, the workers’ compensation claim process involves several important steps. You must notify your employer in writing; fill out an official claim form (which should be provided by your employer); and keep detailed records about your treatment.

The workers comp claim process is discussed in greater detail below.

Get Immediate Medical Attention

Before filing a workers’ comp claim, make sure you get the necessary medical treatment. Some workers’ comp policies require injured employees to see a specified doctor, so you may want to ask your supervisor. But many state laws allow you to get a second opinion if you are not satisfied with the first one. Even if you don’t feel the need to get medical attention, it may be a requirement for the workers’ compensation claim process.

Keep in mind that a medical report will serve as an official record of your injuries and the basis for any workers’ comp reimbursement.

Notify Your Employer

Make sure you notify your employer about the injury within the statutory deadline, preferably soon after the injury occurs. In New York, for example, an employee has 30 days in which to notify their employer about a job-related injury. It’s a good idea to report all workplace accidents even if you don’t suspect an injury, just in case an injury is discovered after the deadline expires.

As with any legal process, make sure you notify your supervisor in writing. Even if you give verbal notification first, a written follow-up notification will provide an official record. The sooner you do this, the more details you will be able to recall.

Your employer probably will give you an official claim form as part of the workers’ compensation claim process. But if not, you should request one from the workers’ compensation board of your state. Generally, you will need to provide the following information on your workers comp claim form:

  1. Type of injury and affected areas of the body;
  2. Date, time, and location of injury;
  3. Parties involved in the accident;
  4. How the accident occurred; and
  5. Any medical treatment you have received

Workers’ Comp Claim Process: Employers’ Responsibilities

Employers that are required by law to provide workers’ comp coverage face the prospect of fines, criminal charges, and lawsuits if they fail to do so. Also, employers may not retaliate against a worker who claims workers’ comp. Therefore, employers have strong incentives to comply with the law and complete all valid claims.

Usually, your employer will file your claim with its insurer and the state workers’ comp board office. After your claim is evaluated by the insurer, an administrator will notify you about whether your claim has been accepted and the amount of benefits to which you are entitled.

After the Claim

Most of your involvement with the workers’ compensation claim process is complete after filling out the necessary paperwork. But you still want to follow up on your claim and make sure you keep detailed records. For instance, you may want to keep a journal of how the injury affects your work and day-to-day activities. Also, be sure to keep receipts for out-of-pocket expenses and proof of any other hardships caused by the injury.

If your claim is rejected, you will have the opportunity to appeal in most cases.

Need Help with Your Claim? Get Free Legal Assistance Today

Dealing with complicated legal matters can be very stressful for non-lawyers, especially after sustaining a work-related injury. The workers’ compensation claim process is often uneventful, but sometimes can require the delicate touch of an experienced legal professional. Have a workers’ comp attorney evaluate your claim today, at absolutely no charge.

See FindLaw’s Workers’ Compensation Basics section for more articles.

First Steps in a Personal Injury Claim, how to claim injury compensation.#How #to #claim #injury

First Steps in a Personal Injury Claim

The time just after you have been injured in a slip and fall or accident can often be a confusing and stressful. First an foremost, look after your health. But when you are ready, you can begin thinking about pursuing a personal injury claim for your injuries. Here are some frequently asked questions about the first steps in a personal injury claim.

I was hurt in an accident. What should I do first?

As mentioned in the introduction, the first thing that you should always do after being injured in an accident to look after your health. However, if you have already done this, then there are a number of steps that you can take that will help preserve your right to file a claim for your personal injuries. These steps are valid in most situations and there is no right order to take (note: if you need to file a claim against the government or a government agency, there are other specific steps that should be taken).

  • Collect evidence that can point to who caused the accident, as well as the damage caused by the accident. Photographs are useful here.
  • Write down everything that has happened to you after the accident. This may include things like medical bills, hospital visits, any lost work or wages, etc.
  • Be sure to get the names and contact information of any witnesses that may have observed the accident. Contact these people to confirm their contact information.
  • If you speak to other people that were involved in the accident, be sure to take notes about your conversation.
  • Tell anyone that you may file suit against that you are planning on filing a claim for your injuries and property damage.

How long do I have to notify a person that I am filing a claim for my personal injury?

If you are planning on filing suit against an individual or some other entity that is not the government or a government agency, there is not set time limit in which you have to notify that person of your intention to file a lawsuit. However, this does not mean that you should take your time with the matter. By acting quickly and efficiently, you will probably increase your chances of resolving your claim faster than if you delay.

It is good to keep in mind that even though you notify people of your intent to file a lawsuit, this does not mean that you must file a lawsuit. By giving notice, you only preserve your rights and prevent the other parties from defending against a lawsuit by arguing that you waited too long to inform them of your injuries. By notifying the other parties, you simply ensure that you can proceed with negotiations regarding settlement and arbitration at your own speed, without feeling rushed.

Is there a time limit in which I have to file my lawsuit to be compensated for my injuries?

Yes. Settling a personal injury claim can be time consuming, and if you fail to file your claim in a timely manner, you may be completely out of luck in collecting any sort of compensation. There are laws on the books called statutes of limitations that give the maximum time you have to bring certain types of lawsuits. If this time period passes you up, you may be barred from ever bringing suit to recover for your injuries. You should always check on your state’s statute of limitations for your type of claim to ensure that the time period does not pass you by.

How soon do I have to file a claim against the government for my personal injury?

Unlike filing a claim against an individual or a company, if you need to file a claim against the government or a government agency or employee, you have a limited amount of time in which you must file a claim. Depending upon your type of case and the state you live in, this time period usually ranges between 30 days and one year. If you do not abide by these timelines, you may lose your right to recover any sort of compensation for your injuries or property damage.

Get a Free Case Review Today

Injuries cost money, including medical bills and time away from work, which is why it makes sense to have an attorney help you with your claim. But if you’re not quite sure whether you need professional legal help after an injury, have a lawyer review your claim first at no charge. Then, if you decide you have a claim you want to pursue, you can take that next step.

Estimating the Value of a Back Injury Claim, how to claim injury compensation.#How #to #claim

Estimating the Value of a Back Injury Claim

A back injury claim allows you to get compensation from the person or business that is legally responsible for causing your injuries, or the underlying accident that led to your injuries. Since back injuries can range from strains and sprains to spinal cord injuries and paralysis, the settlement value of any given claim must be determined on a case-by-case basis. However, there are some general guidelines that apply when assessing the settlement value of a back injury claim, and this article offers some tips to keep in mind.

Typical compensation for a back injury claim includes both economic and non-economic damages (which are usually grouped together as a single award of “compensatory damages”). Let’s take a closer look at both types of damages in a typical back injury case, as well as other forms of financial recovery that may be available.

Economic compensatory damages (sometimes called special damages) are actual financial losses due to money spent — or money you are not able to earn — because of your injury. Potential economic compensatory damages in a back injury claim include:

  • Past and Future medical bills: These will vary based on the severity of your injuries. For a herniated disc, a surgery costs about $6,000 on average (this according to a 2006 report in USA Today, so current costs are likely a little higher). X-rays, which are often required even for minor strains and sprains, can cost from around $100 to more than $1,000, while physical therapy will likely cost at least $100 per session. In cases involving serious spine injuries and paralysis, the cost of future medical care (lifelong in some cases) can be millions of dollars.
  • Lost income and wages: In a back injury claim, you’re entitled to compensation for any lost income and expected future reduction in your earning capacity. Lost wage damages are determined by an examination of your salary history and the amount of work you missed, including sick time or vacation time. Lost future income (or loss of earning capacity) is calculated under a complex formula that includes assessment of your projected earnings and the impact your back injuries will have on your ability to do any kind of work.

Non-Economic Compensatory Damages

Non-economic compensatory damages (sometimes called general damages) provide compensation for non-monetary losses associated with the effects of your back injuries — losses that aren’t always easy to put a dollar value on. Non-economic compensatory damages typically include:

  • Pain and suffering: A pain multiplier is often used to assess pain and suffering damages. That means your economic compensatory damages (i.e. medical expenses and lost wages) will be multiplied by a set number (between 1.5 and 5, for example) although in cases of serious injury, the multiplier may be significantly higher (10, for example).
  • Emotional distress: When applicable, emotional distress damages may be assessed separately or compensated as part of pain and suffering, depending on state law.
  • Loss of consortium. When back injuries are so serious (as in cases of partial or total paralysis, for example) that the victim’s loved ones (spouses and children) are deprived of a normal loving relationship and companionship (including the loss of a marital sexual relationship in the case of a spouse), loss of consortium damages may be awarded. In some states, these damages are included as part of a back injury victim’s compensatory damages award. Elsewhere, affected family members must sue separately for loss of consortium damages.

Punitive Damages

In rare circumstances, punitive damages may be awarded in a back injury case. But there must be proof that the defendant’s action or inaction in causing the accident amounted to more than just run-of-the-mill negligence, and even then, punitive damages are usually only awarded after the case has gone through a full civil trial and a jury has decide that punitive damages are appropriate. The defendant’s conduct must be considered so outrageous or egregious that payment of additional damages is justified — not in order to compensate the back injury victim, but to punish the defendant’s behavior.

Other Factors That May Affect the Value of Your Back Injury Claim

While the severity of injuries is the major determining factor in the value of a back injury claim, two other considerations can also affect the amount of compensation received in a settlement or jury verdict. These include:

  • Comparative/contributory negligence: In a small minority of “contributory negligence” states, you recover nothing at all if you were partially at fault for causing the incident that resulted in your injuries. In the majority of states, a different rule called “comparative negligence” applies, and you may be able to recover as long as the other party was at least 50 percent or 51 percent responsible (states have different rules on the required fault percentage). Your damages award will be reduced by the amount of responsibility that you bear (so if you’re deemed 20% at fault, you’ll only collect 80% of your total damages). See this page to find your state’s law.
  • Failure to Mitigate Damages: After an accident, you are required to take reasonable steps to mitigate your damages. For instance, let’s say you suffer a back sprain and your doctor prescribes a compression brace for you to wear for up to 12 hours a day. But you don’t wear the brace at all (in fact, the defendant can prove you never even picked it up from the pharmacy), and your injuries become worse. Since you could have taken reasonable steps to treat your injuries, but chose not to, the defendant will almost certainly be off the hook for at least a portion of your damages.

To help you understand how compensatory damages and the multiplier work to estimate an insurance settlement, check out AllLaw’s Settlement Calculator.

Home, Quantum Claims, injury claims.#Injury #claims

Scotland has a Champion


Our team of experienced advisors are available to listen to what has occurred, discuss the details and help you bring a claim for compensation, for your injuries, loss of earnings and any other associated losses and expenses.

  • Injury claims

Accidents at Work

Accidents at work account for millions of pounds of lost revenue each year.

Accidents at Work

  • Injury claims

    Road Traffic Accidents

    Motor vehicles play a large part in all our lives. And that part is getting bigger all the time. After all, most of someone who has been injured in a road traffic accident. And that’s hardly surprising when you consider that there are 20,000 road accidents alone occurring every year on Scotland’s roads.

    Road Traffic Accidents

  • Injury claims

    Clinical and Medical Negligence

    We have dealt with many hundreds of medical negligence claims and the chances are that your particular circumstance is one which we will have had experience of previously.

    Clinical and Medical Negligence


    Over our company history we have dealt with claims involving all types and severity of injury, please see our claims calculator page for examples of injury compensation amounts.

    • Injury claims

    Slip or Trip and Public Liability Accidents

    A loose tile in a restaurant, shop or public house could all lead to a successful claim. If you’re a victim of this kind of negligence, we can help.

    Slip or Trip and Public Liability Accidents

  • Injury claims

    Fatal and Serious Injury Claims

    We have over the years dealt with claims of significant complexity following serious injury and on contacting us we can advise on the prospects of successfully concluding a claim for compensation

    Fatal and Serious Injury Claims

  • Injury claims

    Disease at Work

    Claiming after an accident is simple and easy with Quantam Claims

    Disease at Work

    Claims Services

    We are proud to offer a personal Scottish based service which although will put you at ease will also give you the confidence of having made the correct decision in contacting Quantum Claims.

    • Injury claims

    Employment Law

    Over the last 30 years there have been significant changes in the area of employment law. Tribunals now deal with a huge variety of issues and complaints.

    Employment Law

  • Injury claims

    Other Claims

    Quantum will review any matter where there is potentially a compensatory element to pursue.

    Other Claims

  • Injury claims

    VW Emissions Scandal

    Quantum Claims is already representing hundreds of car owners in pursuing claims for compensation relating to the VW Emissions scandal.

    VW Emissions Scandal

    About Us

    For over 28 years Quantum Claims has been instrumental in obtaining compensation for our clients following accident, injury and loss. We operate purely on a “No Win No Fee” basis, the first in Scotland to do so.

    Be assured, one of our Scottish based claims handlers will deal personally with your claim from start to finish, where necessary instructing and working with a legal team following the need to progress your claim by means of litigation.

    Injury claims

    All Rights Reserved Copyright Quantum Claims Ltd 2017

  • Australian Doctor Medical Negligence Solicitor Injury Compensation Claims, injury claims.#Injury #claims

    Australian Doctor – Medical Negligence Solicitor Compensation Claims

    Our solicitors specialise in medical negligence compensation claims against negligent doctors. If you have been injured as a result of negligent medical treatment, you should seek legal advice as soon as possible. Time limits apply to compensation claims, and it is important that you seek legal advice as soon as you become aware that you may have been injured or suffered some other harm or loss as a result of a doctor’s actions or omissions. Compensation may also be available to family members who have lost a loved one as a result of medical negligence.

    For obligation-free legal advice and No Win No Fee representation, call our helpline, complete the contact form or send an email.

    SOLICITORS HELPLINE 1800 339 353

    Doctor Duty of Care

    Doctors have a duty to exercise reasonable care, skill and judgement in examining, diagnosing, treating and providing information to their patients. A breach in duty of care may result in damages being awarded to the patient. Despite the fact that the execution of a consent form specifies acknowledgement of the stated risks and complications in conjunction with a given treatment or operation, it doesn’t relieve a doctor from their responsibility of meeting the standard of care in association with such treatment or operations.

    Our medical negligence lawyers have handled hundreds of compensation cases against doctors and hospitals. They can provide accurate advice on whether you should take legal action against a doctor such as a :

    • General Practitioner – GP
    • Anaesthetist
    • Cardiovascular and thoracic surgeon
    • Dermatologist
    • Emergency Medicine Physician
    • Gastroenterologist
    • Family Physician – GP
    • General Surgeon
    • Gynaecologist
    • Internal Medicine Physician
    • Neurologist
    • Neurosurgeon
    • Obstetrician
    • Oncologist
    • Ophthalmologist
    • Ophthalmic Surgeon
    • Oral Surgeon
    • Orthopaedic Surgeon
    • Pathologist
    • Paediatrician
    • Plastic Surgeon
    • Psychiatrist
    • Radiologist
    • Urologist

    SOLICITORS HELPLINE 1800 339 353


    For a patient to succeed with a medical negligence claim it is not enough to show that there was a breach in duty of care, or that the results of the treatment were poor. They must be able to prove, on the balance of probabilities, that the doctor’s poor performance caused the unsatisfactory result. This is known as “causation”, and proving this link between the actions of the doctor and the harm a patient experiences can be one of the most difficult areas of a medical negligence claim. If a patient can prove “breach in duty of care” and “causation of damage”, the final hurdle is to assess the value of the claim or damages award.

    SOLICITORS HELPLINE 1800 339 353

    Damages Award

    Compensation is usually awarded as a lump sum, once-and-for-all payment intended to cover past, present and future expenses. The lump sum award is calculated based on loss and harm suffered and needs arising, as a result of the negligence.

    A patient may be awarded compensation for :

    • Loss of income
    • Loss of earning capacity
    • Medical expenses
    • Allied health care expenses
    • Equipment aides
    • Pharmaceuticals
    • Attendant care
    • Domestic assistance
    • Pain and suffering

    Because of the complexities involved in bringing a medical negligence case, you should seek the assistance of an experienced medical negligence lawyer who will provide a thorough assessment of liability, causation, and quantum (the value of the claim).

    SOLICITORS HELPLINE 1800 339 353

    Medical Negligence Case Examples

    Our accredited Personal Injury Specialists (medical negligence law), have extensive knowledge and experience in handling claims involving :

    • Errors in diagnosis
    • Improper procedure performance
    • Failure to supervise or monitor
    • Medication errors
    • Failure or delay by GP in referral or consultation
    • Equipment malfunction
    • Lack of informed consent
    • Failure to perform
    • Delay in performance of a procedure
    • Failure to recognise a complication of treatment
    • Failure to instruct or communicate with the patient
    • Premature discharge of a patient
    • Unnecessary treatment
    • Sexual misconduct

    SOLICITORS HELPLINE 1800 339 353

    Misdiagnosed Conditions

    One of the biggest areas of medical negligence is the misdiagnosis of medical conditions. Some of the most commonly misdiagnosed medical conditions are :

    • Heart Attack / Myocardial Infarction
    • Coronary Artherosclerosis
    • Aortic Aneurysm
    • Breast Cancer
    • Lung Cancer
    • Colon Cancer
    • Cancer of the Rectum
    • Prostate Cancer
    • Appendicitis
    • Pneumonia
    • Meningitis
    • Pulmonary Embolism
    • Diabetes
    • Bone Fracture
    • Back Disorders
    • Endocarditis

    SOLICITORS HELPLINE 1800 339 353

    Death Claims

    Relatives of a person who has died as a result of medical negligence may be able to make a claim for “Compensation to Relatives” for their loss of a reasonable expectation of future pecuniary benefits. Compensation may also be available for mental or nervous shock; a psychiatric illness such as major depression, anxiety disorder or adjustment disorder sustained by the deceased’s family.

    Where a patient has died as a result of medical negligence, we may recommend that a report be made to the Coroner’s Court. Sometimes a report should also be made to the appropriate regulatory body such as the :

    • Health Care Complaints Commission of New South Wales
    • Health Services Commissioner of Victoria
    • Health Quality and Complaints Commission, Queensland
    • Health and Community Services Complaints Commissioner, South Australia
    • The ACT Health Services Commissioner
    • The Health and Community Services Complaints Commission, Northern Territory
    • Health Complaints Commissioner, Tasmania
    • Office of Health Review, Western Australia
    • Medical Board of Australia

    SOLICITORS HELPLINE 1800 339 353

    Statute of Limitations

    With any personal injury claim, the plaintiff has a limited time after the occurrence of the alleged negligence in which to commence legal proceedings. Many States follow the “discovery rule” for medical negligence claims. Under the discovery rule, the statute of limitation begins to run from the time the plaintiff knew or should have known of the alleged negligence, with the time limit being 3 years in many jurisdictions. Special rules may also apply to children claiming medical negligence.

    It is important that you seek legal advice as soon as possible to avoid losing your right to sue, as failing to bring legal action within the legal time limit, may mean your claim becomes “statute-barred”.

    Call our legal team today to find out what time limit applies to your case.

    SOLICITORS HELPLINE 1800 339 353

    Doctor Negligence Solicitor

    Our legal team will assess whether your case appears to have merit, and if so, they will recommend that an investigation be conducted. An investigation of a medical negligence case usually involves the taking of a statement from the patient, review of medical and hospital records, and commissioning an independent report from a medical expert. You may have to contribute to the cost of disbursements (obtaining copies of your medical records and a medico-legal report), however you will not be asked to pay your solicitor’s professional fees. Your solicitor will not be paid their professional fees unless they are successful in obtaining compensation for you.

    If you would like further information on how a No Win No Fee agreement operates, please contact our legal team today.

    This website is not intended for viewing by residents of Queensland, Australia. There are laws which prohibit advertising of personal injury legal services

    in Queensland. If you were injured in Queensland or if you are a resident of Queensland, we are unable to refer you to a solicitor. This referral service

    is not available for any Queensland accident claims or claims connected with Queensland. This website operates by way of referral to specialist solicitors

    who may pay a commission to the operator upon receiving client contact information.

    Workers Work Injury Compensation Claims, 1300 911 142, injury claims.#Injury #claims

    Workers Injury Compensation

    Workers Injury Compensation

    Claims Australia is here to provide you with appropriate contacts for whatever your matter might be. So if you have had an accident at work, sustained a psychological injury from your workplace environment, been involved in a motor vehicle accident travelling to or from work, or during working hours you can be sure that you will receive the right advice through Claims Australia. If you’re not sure what your rights are then it is highly recommended that you contact Claims Australia to seek free legal advice.

    Know Your Rights

    When suffering an injury at work it is important to know what your rights are whether your injury is temporary, on going or permanent. The legislation differs from state to state in Australia. To find out more about your legislation contact us on 1300 911 142.

    Employers always have Workers Compensation insurance

    It is mandatory for all employers to take out Workers Compensation insurance to cover all staff. Workplace injuries must be reported to your employers at the time of the injury and it is also important to attend a doctor’s appointment to have the injury investigated and documented. A workplace injury can be life changing so it is very important to discuss what you options are when in this position. Workplace dangers can be avoided but in most circumstances not all risks are obvious and can be over looked, therefore, it is just as much an employee’s responsibility as it is the employers to ensure you work in a safe hazard free environment.

    WorkCover pay Wages until you return to Work

    WorkCover are put in place to assist the injured worker to rehabilitate and get back into the workforce. This means that WorkCover can pay your wages while you require time off work to recover, paying for approved medical expenses to assist with rehabilitation and also providing you with a suitable return to work plan to build you back up to a normal working life.

    In some cases a workplace injury can be more severe, on going and even be found permanent. In this case it is best to speak to a specialist personal injury lawyer as there are further options for these types of circumstances. For these types of claims there can be STRICT LIMITATION PERIODS so call us as soon as possible so that you can protect your rights!

    Types of Workers Compensation Claims

    Workplace Physical Claim

    These can be anything from repetitive strain, ergonomic related injuries, industrial accidents, faulty equipment, heavy lifting, fatalities at work, etc. After an injury is sustained you need to advise your employer and consult your doctor as soon as possible and have your injuries investigated. Investigations maybe some sort of scan to diagnose your injury so you can then be treated for the injury. Your doctor will need to provide you with a ‘Workers Compensation Medical Certificate’ before you can lodge the Application for Compensation claim form. You will then receive a claim number from WorkCover and they will proceed to investigate the circumstances of the injury. Once investigations are complete WorkCover will accept or decline your application. Upon acceptance WorkCover will then pay wages and arrange suitable medical treatment to assist with rehabilitation. If WorkCover reject your claim, then contact us for more information to find out how to have this decision over turned. Once WorkCover find a worker ‘Stable and Stationary’ they will look at closing your claim and expect you to return to work. It is important to seek legal advice before this stage so you understand where to go from here.

    Permanent Impairment

    WorkCover will request an independent doctor to provide a permanent impairment assessment before closing your case. This assessment can provide you with a ‘Notice of Assessment’. This notice will enclose a break down in percentage form your Work related impairment and there may be a ‘lump sum offer’ included with this. Once you have received a Notice of Assessment you MUST NOT SIGN this document. You need to consult a specialist personal injury lawyer about proceeding with a Common Law Claim. If you do sign this document then you will sign away your rights for compensation which you will need in the future for your injury and which is compensation that you deserve.

    Common Law Claims

    A Common Law Claim is the most important part of the claims process when being severely injured. This is why we say DO NOT SIGN anything before discussing your rights and options with our specialist personal injury lawyers. When WorkCover makes a lump sum offer, this offer is binding and does not take into consideration any other expenses that you will incur due to your workplace injury. A Common Law claim looks at other damages factors such as, past and future economic loss, out of pocket expenses, future medical expenses and of course pain and suffering. When you factor all these extras in, the lump sum offer provided by WorkCover just won’t cut it for you and your family in the coming years. Again to pursue this claim STRICT LIMITATION PERIODS apply and differ state to state so contact us so we can provide you with the advice to help you understand the legal system!

    Temporal Lobe Brain Injury, Closed Head Injury, head injury claim.#Head #injury #claim

    Resources and legal help for Brain Spinal Cord Injury Survivors

    One of the most devastating difficulties that can occur in a person’s life is traumatic brain injury. Unlike most other wounds which fully heal in time, brain injuries often have permanent, life-altering consequences that affect functioning, behavior, and even personality itself. Although the brain is encased in three layers of protective fluid called the meninges and is further protected by the skull, it still can sustain damage. In the case of an open head injury, an object such as a bullet or even fragments of bone from the skull penetrate the brain, usually damaging a specific area.

    By contrast, a closed head injury happens when there is a hard blow to the head or a sudden, violent motion that causes the brain to knock against the skull. Although they may cause damage to a specific, focal area as open head trauma does, they often also cause diffuse injury that affects a larger portion of the brain. Thanks to modern technology, we are beginning to arrive at what still may be a primitive understanding of the various parts of our brains, how they work, and how traumatic injury affects patients’ ability to regain some or most of their functioning.

    Head injury claim

    Located on the bottom and at the side of each of the two brain hemispheres, the temporal lobes are responsible for the primary organization of sensory input. When damage occurs to these areas of the brain, patients may experience disturbance of auditory sensation and perception, an inability to pay attention to what they see or hear, impaired ability to comprehend language, impaired factual and long term memory, emotional disturbance, and altered sexual behaviors. They may also have seizures, lose their sense of humor, and become obsessive.

    As is the case with other traumatic brain injuries, damage to the temporal lobe most often occurs as a result of vehicle crashes, falls, and firearms. Taking steps to prevent these injuries could save you or a loved one a lifetime of the added stress that accompanies traumatic brain injuries. These include: always wearing seat belts; making sure children are in safety or booster seats at all times; wearing helmets when biking, riding a motorcycle, scooter, sled, snow mobile, etc. or when playing contact sports; removing tripping hazards around your home; using non-slip shower mats; installing rails on both sides of stairways, and making sure there is good lighting throughout your home. However, once brain injuries occur, there is no cure. The goal of treatment and rehabilitation is to assist the patient in strengthening the skills he or she continues to possess, while helping to find compensatory strategies for adaptation of those that are lacking.

    Brain Injury Specialists

    When an individual is suspected to have a traumatic brain injury, a team of specialists assembles to guide the patient and family through the recovery process. In most cases, this group consists of several persons. A physiatrist, skilled in neurology and orthopedics, will use techniques of physical and medical rehabilitation to help the patient to regain as much functioning as possible. A neuropsychologist will run tests to ascertain what aspects of “competence” have been lost as a result of the injury. The patient’s motor functioning, including strength, balance, coordination and movement, will be assessed by a physical therapist, who will suggest exercises and strategies for improvement. A speech consultant will be called in to focus on helping the patient with skills of expression, comprehension, and communication. Finally, a social worker generally acts as a liaison to facilitate dialogue among the patient, family, and various team members.

    Initially, a number of tests are conducted to accurately determine the location and extent of the injury and to assess what skills and abilities may have suffered. These measures include magnetic resonance imaging (MRI), computer tomography (CT scans), x-rays, and other specialized tests.

    After the initial assessments have been conducted, the patient will generally undergo a period of rehabilitation, the duration and intensity of which will depend on the severity of the patient’s injuries. Since the temporal lobe handles functions of communication, comprehension and memory, treatment will involve helping the patient to capitalize on the relevant skills that remain, while arriving at compensatory methods to make up for those that are lacking.

    Because each injury is unique and affects its victim differently, a good treatment plan will be one that enables recovery to occur in a way and at a pace that is comfortable for the patient. Throughout what can often be many months of frustrating and grueling rehabilitation intervention, care must be taken to include family members in as many of the discussions and practical instruction sessions as possible. Consistency and communication across disciplines are two of the most essential ingredients in a successful rehabilitation plan.

    As was stated above, the goal of this multi-disciplinary intervention is not to eliminate all signs of traumatic brain injury, but instead to assist the patient and family members in understanding the new reality in which they will live. Patience and perseverance will be absolutely essential for all involved. Since temporal lobe damage causes marked deficits in memory and understanding, a patient might have to thoroughly overhaul many of his or her most basic coping and human relations strategies. By no means will this process be easy. However, with the care and expertise of all members of the team, the patient can often improve far above and beyond his or her expectations.

    Vancouver Brain – Head Injury Lawyer, Webster – Associates, head injury claim.#Head #injury #claim


    More than 50,000 Canadians sustain a brain injury each year. While the effects are temporary for some, others are faced with a long, stressful road to recovery mired in legal red tape.

    Brain Injury Law (Webster Associates) brain and head injury lawyers guide survivors and their families through the legal process and support them in their rehabilitation so survivors can regain control of their lives. For more than 35 years, Brain Injury Law has obtained excellent results for survivors winning more than $350 million in precedent setting judgments and settlements for survivors in British Columbia and worldwide.

    If you’ve been injured in an accident caused by someone else s negligence one conversation could significantly change your journey to recovery.

    To find out if you have a valid case, book your free no-obligation consultation with our top brain head injury lawyers in Vancouver:

    Call 1 (604) 713 8030 or 1 (877) 873 0699 or fill out the contact form below.





    The danger with brain injuries is that they appear like an iceberg. What is seen at first is only the tip of the iceberg . Unfortunately the injury and it s long term consequences may be far more serious than first realized.

    As a brain and head injury law firm, we help make sense of the situation, ask the right questions, and connect you with skilled medical or support professionals. While you’re recovering and focussed on your brain injury rehabilitation, we’re fighting on your behalf for fair compensation. Our areas of specialty include:

    Head & Brain Injuries

    Head and brain injuries caused by motor vehicle collisions, sporting accidents or birth injuries change lives forever. The recovery process is stressful for survivors and their families, especially if the settlement is not enough to cover rehabilitation and long term costs. Learn about different types of traumatic brain injuries (TBIs) and if you have grounds for a claim.

    Medical Malpractice

    If you have been harmed through medical malpractice or professional negligence, you may be entitled to compensation. Cerebral Palsy birth injuries are just one example. By understanding the intricacies of medical malpractice we are able to hold negligent parties responsible and secure finances that get the lifelong care and attention you need. Find out more about medical malpractice.


    ICBC claims can be complex and overwhelming, especially when accident victims don’t realize the full extent of their injuries immediately, or know how much compensation they’ll need to cover future medical expenses. We understand the brain injury recovery process, and are well equipped to support clients through this difficult time. You don’t have to suffer alone.

    Our Results

    As the leading brain and head injury law firm in Western Canada, we have a long and successful history of providing a better quality of life for our clients. Many personal injury law firms focus on volume and quick settlements. This usually means smaller amounts. Instead, we dedicate more energy and resources into more complex cases to obtain much larger settlements for each client. This ensures peace of mind for brain injury survivors who know they’ll be able to afford the life care they need.

    Our Team

    Expect compassion and care from the very first call. We’ve handled hundreds of complex brain and head injury cases. While you are focussed on recovery and rehabilitation, our team will be working on securing the best long term financial compensation possible for you.


    What is traumatic brain injury (TBI)? Learn about causes, symptoms and recovery options related to: spinal cord injury, birth injury, orthopedic injury, or other brain and head injuries caused by motor vehicle accidents, medical malpractice or professional negligence. Understanding the effects of living with a traumatic brain injury can ease some of the distress and confusion you or your loved one may be experiencing.


    Book a free consultation with a Vancouver brain head injury lawyer.

    Call (604) 713 8030 or 1 (877) 873 0699 (toll free), or fill out the contact form below.

    Why Brain Injury Law?


    Recovering from a brain injury is more than just seeking financial compensation. Brain and head injuries require specific care, schooling or work return plans or other rehabilitation plans and we go beyond the duties of a standard personal injury lawyer. For over 35 years we’ve formed a strong support network of top specialists, medical, rehab, financial and other professionals and life care planners who help brain injury survivors return to a fulfilling life.


    If we feel you have a valid case, we’ll get to work right away. We are only paid when we successfully resolve your claim through settlement or trial. Until we succeed, you don’t pay a penny.


    The challenge with brain injuries is that often medical imaging appears “normal”, or patients are told they will recover soon. But some survivors experience post TBI symptoms that continue for years, or even a lifetime. Having represented hundreds of brain injury survivors, we know the intricacies of brain and head injury cases and how to best handle them. Our specialized team of experts can guide you through the litigation and rehabilitation process and secure the best short and long-term outcomes. See what our past clients have to say.


    Many lawyers lack the experience and resources to tackle complex brain injury or medical malpractice cases. With 100 years of combined experience in just brain injuries and medical malpractice, our firm knows how to support survivors and build cases to achieve a fair resolution. We’ll explain your options at every stage of the legal process and involve you in the decision making process. While 80-90% of our cases settle out of court (before trial) our strong trial experience means we’re not afraid of going to trial if that’s what it takes.


    Our offices are located in Vancouver (25 minutes from YVR) and Victoria, but our brain and head injury lawyers also serve the Lower Mainland, Fraser Valley, Vancouver Island, Northern BC and the Okanagan. We can meet by phone or in person – at your home, our office, or even the hospital.

    Brain Injury Types, Information About Open Head Injuries, Symptoms – Recovery, head injury claim.#Head #injury

    Open Head Injury

    Open head injuries can be very scary and can sometimes appear worse than they actually are. Since an open head injury refers to a trauma to the head where the skull gets punctured, not unlike any other puncture wound, the victim may be covered in blood and it may be difficult to locate the precise location of the wound. Because the brain does not actually contain nerve receptors, other than due to the appearance of blood, a injured victim may not even realize they have suffered an open head brain injury. You may have heard of the story of a Chinese man who didn’t realize, for four years, he had a blade of a knife lodge in his head after a fight with a robber or a construction worker who went to the dentist complaining of a toothache only to learn that he had a 4-inch nail in is head.

    Any number of accidents can result in an open head injury. They can occur in car crashes, sports accidents, workplace accidents, or gunshot or knife wounds that create a skull fracture. Even objects like a screwdriver can pierce the skull and cause brain injury. If the object exits in a different location than where it entered, as in a gunshot wound, it s known as a perforating open head injury.

    When the skull is pierced, bone fragments from the skull may hit sensitive brain tissue and cause further damage. Also, because there s an open wound, open head injury victims are prone to contamination or infection. Another possible result of an open head brain injury is intracranial hematoma or bleeding in brain.

    In contrast, in a closed head injury, the skull isn t broken. For a while, doctors assumed an open head wound would create a more serious brain injury than a closed head wound. However, they found that not to be the case. In a closed head injury, the damage creates pressure build up which can also damage the brain cells. Although the brain cells may be injured in an open head injury, because the skull is fractured, there s less pressure on the brain, so no further damage to the brain cells is incurred beyond the initial wound.

    Medical Treatment

    As with all head injuries, it s critical to get immediate medical treatment. If the open head injury victim gets an infection and it s not treated, it can cause permanent brain damage or even death. Meningitis, an infection of the membranes surrounding the brain and spinal column, is the most typical infection following an open head injury. Antibiotics and medication to reduce brain swelling is the preferred treatment for this bacterial or viral infection.

    Other possible open head injury complications may be:

    The first course of treatment for an open head injury victim is a visual assessment of injuries such as skull fracture and external bleeding. Doctors can also determine the extent of injury by measuring blood pressure, body temperature, breathing, and heart rate. They use MRI, CT, or ICP scans to assess the severity of internal damage.

    In some cases, an open head injury victim will need surgery to repair a fractured skull and to stop the internal bleeding. The surgeon may need to remove bone fragments from the damaged skull which will reduce brain swelling. After surgery, doctors need to monitor possible complications like intracranial pressure or brain swelling. At some point, the patient may need additional surgery if pressure on the brain still needs to be reduced and blood that has collected beneath the skull needs to be drained.

    No Win No Fee Personal Injury Compensation, Claims Direct, head injury claim.#Head #injury #claim

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