SELECTED

2013-2017

Brain Injury or Concussive Symptoms Attorney

Head Injury / Brain Injury

The Centers for Disease Control and Prevention (CDC) reports that 2.5 million Americans go to the hospital because of head injuries each year. As with other injuries, the seriousness of head trauma varies considerably. Though, all head injuries should be taken extremely seriously. The risks are high and the extent damage is rarely visible. In fact, all too often, head injuries can be life threatening. The CDC reports that as many as 50,000 people per year lose their lives as a result of traumatic brain injuries (TBIs). Brain injuries occur in many different ways, while sports are a major culprit, it far from the only cause. In fact, the three most common cause of head injuries are:

Fall accidents: 40.5 percent
Getting struck by an object: 15.5 percent
Motor vehicles accident: 14.3 percent

Males are most likely to suffer brain injuries than are females, by a rate of nearly three to one. Though, age may be the biggest head injury risk. Vulnerable people such as young children and the elderly suffer TBIs at the highest rates. The CDC reports that people over the age of 65 are the most likely to suffer concussions and for people in this age bracket, the vast majority of concussions are sustained in fall accidents.

John has represented brain injury victims, who suffered injury in a host of different ways. One client was Ishika Lay, who was fairly seriously injured after being prematurely cleared to fight in an Olympic qualifying fight. He has also represented people who have had things fall on their heads, who were shaken up in a car wreck and who were injured playing sports.

Watch more about Ishika’s story here.

RESULTS

Automobile Accident

$2.6 Million Jury Verdict against Volusia County. Trial televised on Good Morning America

view more

Personal Injury

$2.6 Million Verdict against Volusia County, televised on Good Morning America.

view more

Medical Malpractice

Confidential settlement of over 100 cases against a pediatric dentist who faces prosecution for fraud based on abuse of children.

view more

Tips in Case You Have Been in an Accident:

Get to a doctor and document your injuries. Not only does being proactive help your health, but insurance carriers and their lawyers always look to use evidence against you- how long you took to get to a doctor, what you complained about or didn’t complain about and they will comb through your records in painful detail. Go to the doctor, be honest and detailed.

Fill out any available accident reports and police reports. Ask for a copy. Then, call your insurance carrier and make a claim. Be careful what you say. All too often, injury victims will say they are “fine” or “not that bad” or otherwise be polite and that will haunt then if their injuries take a turn for the worse. The ER will only really tell you if you have broken bones or major issues, but go and be honest. Hospital emergency rooms tend to leave the bulging discs, herniated discs, shoulder tears and the like to later treating doctors.

Many of our clients are hurting, struggling and hoping they get better, but aren’t. You get one shot at recovery. Lawyers must make sure the insurance companies are acting fairly. John worked for eight years defending these claims for these companies and big businesses and could write a book about ways they use your desire to be fair and reasonable against you. He now solely works for injury victims like you.

While all lawyers are allowed to advertise and anyone can basically handle a personal injury case, only Board Certified Civil Trial Lawyers are allowed to identify themselves as an “expert” or as “specialist” in this area. Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the area by the Supreme Court of Florida. It also means the lawyer is known for trials- pushing beyond low offers by defendants, passed a peer review and passed a tough exam. Most cases do not get that far, but it is good to have a lawyer with all of the tools in their arsenal.

Insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to their Board of Directors. Attorneys matter. Defendants and their carriers change their game plan when an experienced lawyer is involved. For that reason – and the misinformation by TV lawyers and referral services- is why people should select lawyers carefully. Also, make sure it is the lawyer who shows up to meet with you and not a mere investigator. You are haring a lawyer and deserve their time. Also, ask for sample closing costs. Some lawyers charge for faxes, phone calls, scanning, postage, “in house courier” charges and even interest in these charges.

Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law requires knowledge about medical science and biomechanics (the forces on a body in a wreck or a fall) far greater and more specific than you’d think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim.

Can I Hold Another Party Liable for My Brain Injury?

If your concussion or brain injury was caused by the negligence of another party, you can hold them liable for the full extent of your damages. Both Florida and Georgia use the negligence standard for the vast majority of injury cases, including brain injury case. A negligent party can be thought of as the ‘at-fault’ party. Essentially, your personal injury attorney, will need prove that the defendant, through their actions or inactions, failed to live up to their legal duties. Further, your attorney will need to establish that the failure was at least a partial cause of your brain injury. You may be able to seek compensation if you suffered a brain injury in any of the following circumstances:

  • Motor vehicle accidents: When vehicles crash, occupants are exposed to immense blunt force impact. This can lead to very serious head injuries. If you suffered a concussion because of the negligence of another driver, you are entitled to compensation.
  • Premises liability claims: Many serious brain injuries occur because of the negligent actions of local businesses and property owners. The law is clear: property owners in Georgia and Florida have a legal duty to provide reasonable safe conditions for invited Safety hazards like slick surfaces, damaged floors and poor lighting often lead to slip and fall accidents. These accident cause many serious head injuries.
  • Criminal attacks: Violent attacks by third parties can also lead to brain injuries. These cases are especially complex because the criminal may not be known or they may not have adequate resources to pay for the victim’s damages. However, in many cases, a local property owner also bears liability for the effects of the criminal attack. For example, if you suffered a concussion in an attack that occurred because a business had poor security, you may be able to hold that business liable for your damages.

There are Unique Challenges in Brain Injury Cases

At the Law Offices of John M. Phillips, our team has extensive experience handling cases involving catastrophic injuries. This experience is critically important as these cases come with some unique challenges. Specifically, serious brain injuries often require extensive long-term medical treatment. A full and fair accounting of the damages in these cases must include compensation for these long-lasting effects. However, many law firms fail to follow through and therefore do not help brain injury victims recover compensation for long-term damages. Our team understands these cases and we work tirelessly to help victims recover every dime that they rightfully deserve.

 Traumatic Brain Injuries: A Silent Epidemic

The publically available data offered by the CDC presents a worrying picture. Brain injuries are not only very serious, but they are extremely common. However, alarmingly, there is also evidence that brain injuries and concussions may actually be dramatically underreported. It is only in the last few years that our medical researchers have finally begun to understand how common and devastating head trauma can be. Brainline.org has referred to concussions as a ‘silent epidemic’. Many people suffer moderate head injuries and simply never seek treatment. Therefore, they are never counted in the data. However, these victims still suffer brain injury symptoms, often well into the future. If you have suffered any type of head trauma, it is critical that you seek medical attention. Please protect your health and ensure that you are counted.

How Our Brain Injury Attorneys Can Help You

If you suffered a severe concussion, you need to seek immediate legal assistance. Our attorneys have the skill and experience necessary to help protect your health, your legal rights and your financial interests. There are many different factors at play in catastrophic injury cases. Your attorney will need to establish liability, prove the full extent of your damages and work to hold the responsible defendant and their insurance company fully accountable. Once you get your case into the hands of our attorneys, we will immediately spring into action. We always give each case the comprehensive and personalized attention that it requires. Specifically, some of things that our team will do for you includes:

  • Ensuring that you are receiving the appropriate medical care;
  • Securing all evidence that is related to your case;
  • Issuing subpoenas and using other investigative powers to access important evidence held back by the defendant or the insurance company;    
  • When necessary, working with accident experts to help prove the cause of your accident;
  • Working with medical specialists to fully understand and prove the full effect, including long-term effects, of your head injury;
  • Negotiating with the insurance company to push your case towards a full and fair settlement; and
  • Building your case in a compelling manner to present to the insurance company and, if necessary, in court.

Contact Us for Help

If you have suffered a head or brain injury, it is imperative that you contact a professional immediately. Reach out to us today at the Law Offices of John M. Phillips in South Georgia to learn how we can help you with your case.

REQUEST A FREE CONSULTATION

  • This field is for validation purposes and should be left unchanged.

Testimonials

Other Practice Areas