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From Impact to Settlement: A TBI Case Journey with Shane Smith Law

Author
Shane Smith Law
Published
Tue 13 Feb 2024
Episode Link
https://blubrry.com/1474771/130926809/from-impact-to-settlement-a-tbi-case-journey-with-shane-smith-law/

Hey there, I'm Shane from Shane Smith Law. Today, we're diving into mind matters, tackling head injuries and concussions. Joined by John, an attorney here at Shane Smith Law specializing in concussion and brain injury cases. Let's unpack a recent case involving a serious TBI and its impact.


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Summary


Brain injury case with EMS notes analysis. 0:00


Shane and John discuss a case involving a client who sustained a traumatic brain injury (TBI) in a car accident, with the force of the impact causing immediate and apparent injuries, including dizziness, nausea, and a brief loss of consciousness.


John explains that the client's brief loss of consciousness is a common symptom of brain injury, and can be difficult to determine the exact duration of, as it can feel like a minute or an hour for the person who sustained the injury.


John explains that when clients experience disorientation, confusion, and symptoms after a car accident, it's likely they suffered a head injury.


EMS notes may not always indicate a head injury, and the reliability of these notes can vary depending on the circumstances.


Head injuries and emergency care. 5:14


Shane and John discuss the importance of seeking medical attention after a head injury, especially if the person experiences loss of consciousness or memory loss.


They emphasize the potential severity of brain bleeds and the need to be monitored closely after an injury to prevent worsening long-term outlook.


John explains that medical professionals may not always accurately assess the severity of a brain injury at the emergency room, leading to potential misdiagnosis or delayed treatment.


John emphasizes the importance of follow-up care with a neurologist to obtain a more accurate diagnosis and appropriate treatment for brain injuries.


Brain injury diagnosis and settlement value. 10:48


Neurologist suspects brain injury based on client's symptoms, orders tests to confirm.


John describes a client who experienced a severe injury that impacted their quality of life, leading to significant pain and suffering.


Shane emphasizes the importance of collecting before and after accounts and stories to demonstrate the impact of the injury and value the claim.


Fall risk assessment and cognitive impairment. 14:39


John and Shane discuss the impact of being labeled a "high fall risk" on a person's quality of life, including loss of independence and increased burden on caretakers.


They explain how this label can restrict a person's ability to perform everyday tasks and activities, leading to a significant loss of autonomy and independence.


Shane and John discuss the impact of brain injuries on daily life, including difficulty with memory, organization, and cognitive tasks.


John explains that poor performance on a cognitive battery test can indicate brain injury, leading to difficulties with managing daily life tasks.


Personal injury case with multiple insurance companies. 19:32


John and Shane navigate complex insurance cases, identifying multiple coverage options for clients.


John explains how he helps clients with brain injuries by providing medical documentation and education to insurance adjusters, resulting in large settlements.


John highlights the importance of understanding the severity of brain injuries and the long-term impact on clients' lives, emphasizing the need for proper documentation and negotiation strategies to secure adequate compensation.


Brain injuries and insurance claims. 23:46


John advises those in accident situations to seek medical care immediately and contact an attorney to navigate the complex process.


John emphasizes the importance of educating adjusters on the severity of brain injuries to ensure proper valuation of cases.

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