Brain Injuries
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Pittsburgh Brain Injury Attorneys
When there has been a serious brain injury caused by medical malpractice or negligence, the effect on the patient and their family is devastating. The Pittsburgh brain injury attorneys of Lupetin & Unatin are dedicated to helping people whose lives have been irrevocably altered by negligence resulting in traumatic brain injuries.
Brain Injury FAQ
There are risks involved in undergoing medical procedures. Not all brain injuries are preventable. However, unexpected brain injury occurring as a result of surgery or in the course of a hospital stay requires an explanation.
In medical malpractice cases, permanent injury to the brain and spinal cord are often traced to one or a combination of three causes:
- Compression due to swelling or pressure
- Lack of oxygen-rich blood to the brain or spinal cord (anoxia)
- Bleeding and hematomas
Our legal consultations are always free unless we recover money for you. During the course of our investigation into your medical malpractice claim, we advance any costs that we deem necessary in the proper handling of your case. If we do not recover money for you, you do not have to return any of the costs incurred associated with your case.
This is called the Contingent Fee.
Contingent fees make it possible for anyone to hire only the very best lawyer to decide if there are grounds for a claim, without paying for that advice. More importantly, it gives everyone access to the justice system and representation equal to the best that insurance companies, doctors, and other defendants can hire.
The law limits the amount of time you have in which to file a medical malpractice case in Pennsylvania.
Statute of Limitations: You typically have two years from the date of injury to file a medical malpractice case in Pennsylvania.
Minors Tolling Statute: In a case where the victim is a child (under 18), the statute of limitations does not apply until the child reaches 18. This means that a claim must be filed before the child turns 20.
Discovery Rule: If the injury is not discovered immediately the discovery rule may extend the amount of time in which you can file your claim.
In many medical malpractice cases a settlement is reached without trial. In order to determine and agree upon the amount of a settlement, the following factors are considered:
- Establish the full extent of the brain injury.
- Determine the future needs of the victim, including expected medical costs and cost associated with living with the injury, such as retrofitting of the home, devices and appliances that may be required, and long-term personal care.
- Determine the maximum recovery obtained in similar cases that may have set a precedent.
- Calculate how much the victim would have reasonably made in wages over the course of their lifetime or in the case of homemakers, their contribution to the needs of their family. For more information on the value of a homemaker, click here.
When you are awarded a medical malpractice settlement you have two options. Your first option is to take your settlement as a lump sum (i.e. a check for the full amount of their settlement). Your second option is to invest some or all of your settlement in a structured annuity that will pay out chunks of money over time at a guaranteed interest rate.
When you opt for the annuity, you enter into a contract with a life insurance company. You give the insurance company a lump sum payment up front. In return, the insurance company provides you regular money distributions at a guaranteed interest rate over a period of time in the future.
Structured personal injury settlements are income-tax free. In 1982, Congress passed legislation that amended the federal tax code. Their action, The Periodic Payment Settlement Act of 1982, formally recognized and encouraged the use of structured settlements. In response, the Internal Revenue Code was modified to exempt personal injury settlements from taxation so long as the proceeds were invested in a qualified structured settlement annuity. By contrast, the investment earnings on a lump sum payment are generally subject to taxation.
As you approach the settlement of your lawsuit, talk to your lawyer about your options. Ask your lawyer to obtain a variety of proposals from a qualified structured settlement company. Discuss the benefits and implications of structuring some or all of your settlement. Until you sign the annuity contract you are free to do as you wish with your money.
Common Circumstances That Result In Brain Injuries
In medical malpractice cases, permanent injury to the brain and spinal cord are often traced to one or a combination of three causes:
Changes in pressure within the brain can cause delicate structures of the brain to shift within the skull. Increased pressure can cause brain structures within the skull to shift out of place. This can lead to compression or damage to blood vessels or other portions of the brain such as the cerebrum, ventricles, the cerebellum, or brain stem.
Lack of blood flow to the brain or spinal cord (anoxia)
Brain injuries caused by the lack of oxygen rich blood are known as anoxic brain injury. Anoxic brain injuries are often the result of unexpected yet common medical emergencies such as cardiopulmonary arrest and stroke. Doctors and hospitals may be held liable for medical malpractice causing anoxic brain injury in the following circumstances.
Bleeding and hematomas
Permanent brain injury often arises due to medical errors in diagnosis or treatment of bleeding and hematomas. Medical malpractice in the context of brain bleeds or hematomas might arise in the following situations