Traumatic Brain Injury (TBI) Archives - Workers Comp Attorney| Franco Munoz

Why You Need a Personal Injury Attorney for Brain Injury Cases

francoadmin — Wed, 14 Aug 2024 06:14:06 +0000

By René Muñoz

Suffering a brain injury can be a life-altering event, leading to long-term physical, cognitive, and emotional challenges. If you or a loved one has sustained a brain injury due to an accident, it’s crucial to seek the assistance of a qualified personal injury attorney. At Franco Muñoz, we specialize in handling brain injury cases, ensuring that our clients receive the compensation they deserve. Here’s why having a personal injury attorney on your side is essential for navigating these complex cases.

Understanding Brain Injuries

Brain injuries can result from various incidents, including car accidents, slips and falls, sports injuries, and workplace accidents. These injuries range from mild concussions to severe traumatic brain injuries (TBI), which can have devastating effects on an individual’s quality of life. Symptoms of brain injuries may include headaches, dizziness, memory loss, mood swings, and difficulty concentrating. In severe cases, victims may experience permanent disability, requiring lifelong care and support.

The Role of a Personal Injury Attorney

A personal injury attorney specializes in representing individuals who have been injured due to the negligence or wrongdoing of others. In brain injury cases, a personal injury attorney plays a critical role in ensuring that the victim receives fair compensation for their medical expenses, lost wages, pain and suffering, and other related costs. Here’s how a personal injury attorney can help:

Thorough Investigation: An experienced personal injury attorney will conduct a comprehensive investigation to gather evidence, including medical records, accident reports, witness statements, and expert testimony. This thorough approach is vital for building a strong case.
Expert Negotiation: Insurance companies often attempt to minimize payouts or deny claims altogether. A skilled personal injury attorney knows how to negotiate with insurers to secure a fair settlement that covers all your current and future needs.
Legal Representation: If a fair settlement cannot be reached, your attorney will represent you in court, presenting a compelling case to ensure you receive the compensation you deserve. Having a legal expert by your side significantly increases your chances of a favorable outcome.

Why Choose Franco Muñoz for Brain Injury Cases

At Franco Muñoz, we understand the unique challenges that brain injury victims face. Our team of dedicated personal injury attorneys is committed to providing compassionate and expert legal representation. Here’s what sets us apart:

Specialized Knowledge: Our attorneys have extensive experience handling brain injury cases, giving us the specialized knowledge needed to navigate these complex claims effectively.
Personalized Attention: We take the time to understand your specific circumstances and tailor our legal strategies to meet your needs. You are not just another case to us; you are a valued client.
Proven Track Record: Our attorneys have a history of achieving successful outcomes for our clients, securing significant settlements and verdicts that help them rebuild their lives.
No Upfront Fees: We operate on a contingency fee basis, meaning you don’t pay any legal fees unless we win your case. This ensures that we are fully invested in your success.

Steps to Take After a Brain Injury

Seek Immediate Medical Attention: Your health is the top priority. Get medical help right away to assess the extent of your brain injury and begin treatment. Early intervention can significantly impact your recovery.
Document Everything: Keep detailed records of your medical treatments, symptoms, and any impact the injury has on your daily life. This documentation will be crucial for your personal injury claim.
Contact a Personal Injury Attorney: The sooner you consult with a personal injury attorney, the better. They can guide you through the legal process, ensuring you take the right steps to protect your rights and maximize your compensation.
Avoid Speaking with Insurance Adjusters: Insurance companies may try to get you to settle quickly for a lower amount. Refer all communications to your attorney to avoid compromising your claim.

Conclusion

Brain injuries can have profound and lasting effects on victims and their families. Having a qualified personal injury attorney by your side can make a significant difference in your ability to secure the compensation you need to cover medical expenses, lost income, and other related costs. At Franco Muñoz, our experienced personal injury attorneys are dedicated to helping brain injury victims navigate the legal complexities of their cases with compassion and expertise. If you or a loved one has suffered a brain injury, don’t hesitate to contact us at (667) 350-1072 or visit our website at www.francomunoz.com to schedule a free consultation. We are here to support you every step of the way.

The post Why You Need a Personal Injury Attorney for Brain Injury Cases appeared first on Workers Comp Attorney| Franco Munoz.

Franco Munoz Law Firm Wins $1.6 Million Award for Client in Workers’ Comp Case

francoadmin — Thu, 13 Feb 2020 05:43:52 +0000

Pipefitter Michael Killian led a healthy and vigorous life until one day in 2007 when he could no longer continue working. He had worked as a pipefitter for the employer from 1995 through 2007. In the course of his career, he was exposed to various dust particles in the course and scope of his employment while working at various refineries throughout Northern California. He was ultimately evaluated by a Qualified Medical Evaluator that determined that he developed interstitial pneumonitis which resulted in a lung transplant. During his surgery, Mr. Killian claimed he developed cognitive deficiencies and a brain injury as a result of the incident. The QME found that Mr. Killian suffered at 87 percent permanent disability per the Permanent Disability Rating Schedule.

Attorney Rene Munoz represented Mr. Killian and contended that he suffered a work-related injury that rendered him 100 percent disabled not amenable to rehabilitation as the PDRS schedule was rebutted based on the reporting of a vocational rehabilitation expert. Consequently, applicant contended that he was entitled to two thirds of his average weekly wage for the remainder of his life in addition to medical treatment.

The insurance company contended that the PDRS had not been rebutted and that applicant’s level impairment stood at 87 percent not 100 percent. Thus, the insurance carrier contended that our client was not entitled to two thirds of his average weekly wage for the remainder of his life. Further, the defendants also did not concede the brain injury was industrial.

Ultimately, Rene Munoz was succefful and Judge Eugene Gogerman in the San Francisco Workers’ Compensation Appeals Board ultimately approved a settlement of $1.6 million which is structured to pay out life-long monthly payments to our client.

“I went to law school to represent the rights and interests of the hardest working people in society,” Mr. Munoz concludes. “To provide these victories for people like Mr. Killian is what our law firm is here to do.”

If you think you have suffered a serious injury to your lungs, heart, or brain, feel free to contact our law firm for a free consultation at (667) 350-1072. A workers’ comp lawyer is available to talk with you.

The post Franco Munoz Law Firm Wins $1.6 Million Award for Client in Workers’ Comp Case appeared first on Workers Comp Attorney| Franco Munoz.

TBI Primer: How Do We Evaluate A Traumatic Brain Injury?

francoadmin — Tue, 06 Aug 2019 04:54:59 +0000

Traumatic brain injuries (TBI) are very serious injuries and understanding the etiologies of brain damage from a workers’ compensation perspective requires a fundamental understanding of the interplay between neurology and psychiatry. TBI indutrial injuries will usually require a medical-legal (QME) evaluation by a neurologist and a psychiatrist or psychologist given the types of disabilities that may arise from a TBI or a mild traumatic brain injury (mTBI).

Chapter 13 of the American Medical Association (AMA) Medical Guides, 5th Edition addresses potential cranial nerve damage and peripheral nervous damage corresponding to a TBI. Generally, the cranial nerve one is the most affected nerve, however, it is generally not properly tested by primary treating physicians (PTPs) and we always work with PTPs to ensure that cranial nerve 1 is tested appropriately. To a lesser extent, cranial nerve 7 (involving the facial nerve for motor strength) and cranial 3 (involving the pupil area) are also impacted by a TBI. Further, Chapter 12 of the AMA Guides addresses problems corresponding to ambien vision (side vision); and Chapter 13 of the AMA Guides addresses the vestibular aspects of an injury. Other chapters of the AMA Guides also touch on injuries caused by TBIs that we will address in a future blog post.

It should be noted that often times valium is used over time to treat TBIs, however, extensive usage can result in a decrease in memory — in these instances, it may be useful for a QME to review Chapter 11 of the AMA Guides as it relates to one’s functional efficiency and audibility.

In terms of determining the whole person impairment (WPI) and level of permanent disability, our position is that the addition of disabilities under the Kite case is the appropriate approach to determine the WPI because of the vision, hearing, and disequilibirum concurrency that is found in most serious TBIs.

Lastly, to briefly address medical treatment, it should be noted that the Administrative Director has incorporated the Medical Treatment Utilization Schedule (MTUS). When an employee is injured at work, he or she is entitled to receive reasonable and necessary medical treatment to cure or relieve the injury. The Medical Treatment Utilization Schedule (MTUS) is a set of regulations found in title 8, California Code of Regulations section 9792.20 through 9792.27.23 that contain medical treatment guidelines and rules for determining what is reasonable and necessary medical care. The MTUS is based on the principles of evidence-based medicine. That means treatment decisions are guided by recommendations supported by the best-available evidence. Of note, there are two types of drugs — (a) there are exempt drugs that don’t require authorization but need to be prescribed pursuant to the MTUS; and (b) non-exempt drugs that require authorization by Utilization Review like most other drugs. A link to the MTUS Drug List can be found below:

https://www.dir.ca.gov/dwc/MTUS/MTUS-Documents/Drug-List/January-2019/DRUG-LIST-V4-Addendum-One.pdf

Additional blog posts on TBI and mTBIs will be addressed in the future.

Authored by Steve Franco, Esq.

The post TBI Primer: How Do We Evaluate A Traumatic Brain Injury? appeared first on Workers Comp Attorney| Franco Munoz.