Traumatic Brain Injury and Post Concussion Syndrome For traumatic brain injury (TBI) and post concussion syndrome (PCS).


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Old 01-28-2012, 11:55 AM #1
bh_pcs bh_pcs is offline
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I just want to give you all a fair warning about lawyers that take your case, promise you that they will fight for you, and then in the end, abandon you when you need them the most.

That's what happened to me.

I'm pretty much through with lawyers.

At the moment, I go to work but I'm still struggling with my PCS symptoms and had made work accommodations with my boss. He has been the most supportive of all people, along with my therapist that helps me handle my anxiety and give me resources to get better.

The neurologist that reported on my results was also very supportive. He explained everything to me and when I asked him about some issues said that I may recover in March or April given that I keep on track with what I'm doing, and it takes a lot of effort to do so.

The problem with the lawyers is that they probably see me as this young, fit, smart man that was reported to have an extremely high intellect, and even though there are some impairments from the accident I had, it will be difficult to make a case so that they get paid well. Perhaps it's a hasty generalization, perhaps not. In this case, my gut says not.

My recovery has been speedy considering what I have gone through and I'm about to move on with my life - I have all the motivation to do so. I don't need anyone else to doubt me having gone through so much s**t. I'm breaking free.

That's all for now.
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Old 01-28-2012, 12:49 PM #2
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Well, consider yourself lucky that it sounds like you'll pull through this! If you are young then your chances of healing are probably very good!

And you are lucky that your employer is being so understanding as well. (I'm lucky in that respect too!)

If you have a high intellect, you need to find an attorney with a high intellect too. One who understands brain injuries, concussions and PCS. In doing all the research I have about PCS and mtbi, I have found a SLEW of attorney websites with some very helpful links and information. Some of them really seem to understand what a brain injury is all about without having gone through one themselves. Some of them specialize in brain injuries and can explain to a jury or the defendant's legal team exactly what has happened and why you deserve compensation.

It might be a good thing that your other attorney dropped your case because they might not have been able to handle it.

I know you are used to going with your gut - I get that. And I don't know what impairments you are currently dealing with. But please consider that your gut might be a little wrong about this because of the way your brain is interpreting the feeling you're getting from it due to its current impairments. Just because one attorney doesn't think they can make a case doesn't mean all of them will think that.

My father explained to me that I needed an attorney to protect myself through this experience and he was right but I was VERY reluctant to hire one when he was trying to convince me to do so one month after the accident I was in.

Much luck!
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Old 01-28-2012, 12:57 PM #3
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EsthersDoll,

You are probably right about how they wouldn't know how to handle the case. It's very complex and the results that came back were very unusual - even the doctor said this.

There's no doubt there will be compensation whether I take it upon myself get it or it's some lawyer. The problem is that I don't want to have to babysit a lawyer that's not doing their job keeping tabs on them, etc. I really dislike people who don't take initiative, especially in cases so important as these.

I will try for another lawyer, but I'm not holding my breath.

Btw, I'm 38 so I'm kind of young (so they say), and I have a lot of life experience.
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Hit by a car while on a training ride on a bicycle Aug. 17, 2011. Loss of consciousness, road rash, left leg issues, head trauma, broken bicycle. Dealing with PCS - short term memory loss, verbal memory loss, attention loss, slow processing speed, irritability, anxiety, word-finding troubles, impulsive, tinnitus, fatigue, OCD. Intellect intact, motor skills intact, other cognitive skills intact. Motivated to get better!
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Old 01-28-2012, 01:06 PM #4
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Not all lawyers are created equal. I hired one to help me with my employment issues and it has helped a lot. For one thing, it helped "persuade" my HR department to back down from an aggressive (and legally erroneous) position regarding my work status.

Some things to look for: highly reputable law firm, reasonably experienced (mine is a partner in her 40s), law firm and individual lawyer specialization in disability cases (ideally with a decent level of awareness around brain injuries and PCS), and/or issues related to your particular employment. In my view, it's better to pay a bit more for somebody really good than to scrimp and get some junior associate who is less likely to provide good advice and/or get the job done right the first time.

Once you have found a good lawyer, it helps to be very clear and specific regarding your concerns about work and your symptoms/limitations. Identifying key concerns and communicating them by email can be helpful. Make a list of questions to ask prior to speaking with them.
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Old 01-28-2012, 01:17 PM #5
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Thanks for the perspective, greenfrog.

Thing is, the lawyers I had were suppose to be reputable. They even won an award for it. I guess they don't take complex cases they cannot handle.
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Hit by a car while on a training ride on a bicycle Aug. 17, 2011. Loss of consciousness, road rash, left leg issues, head trauma, broken bicycle. Dealing with PCS - short term memory loss, verbal memory loss, attention loss, slow processing speed, irritability, anxiety, word-finding troubles, impulsive, tinnitus, fatigue, OCD. Intellect intact, motor skills intact, other cognitive skills intact. Motivated to get better!
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Old 01-28-2012, 01:50 PM #6
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Have you used the attorney referral system at www.tbilaw.com

From all my research, attorney Gordon Johnson has the best mTBI information available. His referral system should be helpful.

Just be thankful you are not stuck with Work Comp lawyers. In California, the WC fees limitations make it hard to even get an attorney to take your case.

The right mTBI attorney should have the experience from previous cases to properly litigate your case without undo time and expense. They should already have their mTBI research in hand.

My best to you.
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Old 01-28-2012, 01:51 PM #7
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Quote:
Originally Posted by bh_pcs View Post
Thanks for the perspective, greenfrog.

Thing is, the lawyers I had were suppose to be reputable. They even won an award for it. I guess they don't take complex cases they cannot handle.
God forbid they take a case they can't handle and screw up their reputation.

Its good to hear your on the road to recovery.

Keep it up.
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What happened: I was randomly assaulted from behind in June of 2011. I was knocked unconscious for an unknown amount of time (less than 30 minutes) and have no memory of the event. CT scan showed contusion and hematoma of the left frontal lobe. I spent 3 days in the hospital. Diagnosed with Post-Concussion Syndrome in September 2011. Currently have Medicaid, Medicare and SSI.

Current symptoms: Brain fog, mild memory issues, problems with spontaneity, occasional spacing out, word finding difficulties, tinnitus in right ear and some other things that I can't explain.

Life after the brain injury: 4 years after the injury, I'm engaged to my beautiful girlfriend of 5 years, I'm the CEO of my own business, Notorious Labs, I've taught myself how to program complex games and apps which is a feat I never thought I'd accomplish and now live a semi-normal life with very mild PCS symptoms.

Slowly but surely regaining my life back.
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Old 01-30-2012, 10:12 AM #8
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Interesting tid bit as I was waiting to get my bloody helmet, sunglasses and my files from the lawyer's office. I overheard someone saying, "How much is this case worth?"

Someone forgot to close their door.
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Hit by a car while on a training ride on a bicycle Aug. 17, 2011. Loss of consciousness, road rash, left leg issues, head trauma, broken bicycle. Dealing with PCS - short term memory loss, verbal memory loss, attention loss, slow processing speed, irritability, anxiety, word-finding troubles, impulsive, tinnitus, fatigue, OCD. Intellect intact, motor skills intact, other cognitive skills intact. Motivated to get better!
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