Farese, Farese, & Farese | Attorneys At Law
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Farese, Farese, & Farese | Attorneys At Law

The Knowledge And Skill To Compete Against Powerful Opponents

The Knowledge And Skill To Compete Against Powerful Opponents

Farese, Farese, & Farese | Attorneys At Law

A Path To Recovery From Traumatic Brain Injuries With The Right Legal Guidance

Last updated on February 18, 2025

Mississippi laws recognize the devastating impact of traumatic brain injuries (TBI) and provide legal pathways for victims to seek compensation. However, managing these claims demands precise legal navigation and detailed medical documentation to secure fair compensation.

Farese, Farese, & Farese, P.A., brings over 80 years of trial experience to traumatic brain injury cases in Ashland and across Mississippi. Our attorneys have secured substantial settlements for TBI victims, with our cases drawing attention from major networks, including CBS and NBC.

The Impact Of Traumatic Brain Injuries

A TBI occurs when a sudden impact or jolt to the head disrupts normal brain function. Medical professionals classify traumatic brain injuries into three distinct categories:

  • Mild TBI/Concussion: Mild TBIs can cause symptoms such as confusion, disorientation, and memory problems, as well as physical symptoms like headaches, dizziness, and nausea. While these symptoms may seem minor, they can still have a significant impact on daily life and may require medical attention to prevent long-term effects, such as chronic traumatic encephalopathy (CTE).
  • Moderate TBI: Moderate TBIs can cause more severe symptoms, including extended loss of consciousness, memory loss, and physical and cognitive symptoms that can last for months. These symptoms can make it difficult to work, maintain relationships, and engage in daily activities, and may require ongoing medical treatment and rehabilitation.
  • Severe TBI: Severe TBIs can cause prolonged unconsciousness, significant motor function impairment, and potential life-long disability. These injuries can have a devastating impact on daily life, requiring ongoing medical care, rehabilitation, and support to manage symptoms and adapt to new limitations.

Each TBI case is unique, with effects that can vary widely from person to person and may not be immediately visible. This is why comprehensive medical evaluation and legal representation become decisive factors to boost your case for fair compensation.

Common Causes Of Traumatic Brain Injuries

Traumatic brain injuries (TBIs) can result from a variety of accidents, including:

  • Motor vehicle crashes, which can cause head trauma or violent shaking of the brain, particularly if airbags do not deploy or seatbelts are not worn
  • Construction site accidents, such as falls from heights or being struck by falling objects, which can lead to severe head injuries
  • Sports-related impacts, particularly in football and other contact sports, which can cause concussions or more severe brain injuries
  • Slip and fall incidents on unsafe premises, especially among elderly victims, which can result in head trauma or other injuries
  • Workplace accidents, such as those involving head trauma or oxygen deprivation, which can have devastating consequences
  • Bicycle accidents, particularly those involving cars or trucks, which can cause severe head injuries or fatalities
  • Pedestrian accidents, including those involving cars, buses, or other vehicles, which can result in traumatic brain injuries

If another party’s negligence caused your injury, it’s essential to seek experienced legal representation to ensure you receive the compensation you deserve. Our experienced attorneys stand ready to safeguard your prospects against powerful insurance companies and corporate defendants.

TBI Statistics And Economic Impact

Traumatic brain injuries have a profound impact on individuals, families, and society as a whole. Recent data from the CDC and the Brain Injury Association of America reveals the staggering scope of this issue:

  • Annual direct and indirect TBI costs total approximately $76.5 billion nationwide
  • Severe TBI medical costs can exceed $3 million over a patient’s lifetime
  • Males are 1.5 times more likely than females to sustain a TBI
  • The highest rates of TBI occur in adults aged 75 years and older
  • Approximately 5.3 million Americans live with TBI-related disabilities

These statistics underscore the importance of seeking medical attention and legal representation after a TBI. Navigating the complex process of filing a brain injury claim can be overwhelming, but our experienced TBI attorneys are here to guide you every step of the way. With hundreds of successful TBI cases under our belt, we are committed to helping clients achieve positive outcomes and secure the compensation and support they deserve.

Unique Challenges In TBI Cases

Brain injury cases can present unique challenges in the legal system for a multitude of reasons, including:

  • Symptoms may not appear immediately after an accident: The invisible nature of traumatic brain injuries can make them difficult to diagnose as symptoms may be delayed or masked by other injuries. For example, a person may not realize they have a TBI until days or weeks after the accident, when they begin to experience memory loss, mood changes, or other cognitive impairments.
  • Insurance companies often dispute the injury’s severity: Insurance companies may dispute the severity of a TBI, claiming that the injury is not as serious as the victim claims. This can be particularly challenging for victims who are experiencing debilitating symptoms, but may not have obvious physical injuries.
  • Long-term impacts can be difficult to quantify: The long-term effects of a TBI can be devastating and far-reaching, making it essential to work with an experienced attorney who can help you navigate the complex process of seeking compensation. For instance, a TBI can affect a person’s ability to work, maintain relationships, and enjoy daily activities, leading to significant economic and non-economic losses.
  • Medical documentation must be extensive and detailed: The need for extensive and detailed medical documentation can be time-consuming and costly to obtain. Our law firm has experience working with medical professionals to gather the necessary evidence to support your claim, including medical records, test results, and expert testimony.
  • Recovery timelines vary significantly between patients: The variability in recovery timelines can make it difficult to predict the full extent of a TBI’s impact on a person’s life. Our law firm can help you navigate the complex process of seeking compensation and ensure that you receive the support you need to recover, whether that involves ongoing medical treatment, rehabilitation, or other forms of support.

Brain injury cases demand strategic legal moves that only experienced trial lawyers can execute effectively. Our law firm has the expertise and resources to help you navigate the complex process of seeking compensation for your TBI, and we are committed to fighting for the justice you deserve.

Frequently Asked Questions About Traumatic Brain Injury Claims

If you or a loved one sustained a traumatic brain injury (TBI) due to another’s negligence, you may have questions about what steps to take next. Below, we address common concerns about TBI claims and how an experienced attorney can help.

Taking the right steps after a TBI can protect your health and strengthen your legal case.

  • Get medical attention: Even if symptoms seem mild, a medical evaluation helps ensure proper treatment and creates a medical record.
  • Report the incident: Notify the police, your employer or a property owner, depending on where the accident occurred.
  • Document evidence: Take photos, collect witness statements and keep records of medical treatments.
  • Avoid speaking with insurers alone: Insurance companies may try to minimize your claim, so consult a lawyer first.

Acting quickly helps protect your rights and helps ensure you receive the compensation you deserve.

To have a strong TBI claim, key factors must be present.

  • Negligence: Another party must be at fault, such as a reckless driver or negligent property owner.
  • Medical documentation: Medical records, test results and professional opinions help prove the severity of the injury.
  • Link to the incident: You must show that the TBI directly resulted from the incident, not a pre-existing condition.
  • Financial impact: Experiencing lost wages, medical bills and long-term care costs strengthens your case for compensation.

If these elements apply to your situation, consulting a TBI attorney can help determine your next steps.

A TBI claim is a type of personal injury claim but is often more complex due to the nature of brain injuries. Unlike minor injuries that heal quickly, TBIs can cause long-term cognitive, emotional and physical challenges. This means higher medical costs, ongoing rehabilitation and potential lost earning ability.

Additionally, TBIs can be harder to prove because symptoms do not always appear immediately. Medical documentation and medical professional testimony often play a crucial role in demonstrating the full impact of the injury. Because of these challenges, working with a TBI attorney can be beneficial in building a strong case.

Insurance companies often work to reduce payouts in brain injury cases. They may argue that the injury is not as severe as claimed or that it was caused by something other than the accident. In some cases, they delay the process, hoping victims will accept a lower settlement out of financial desperation.

Adjusters may also offer a quick payout before the full effects of the injury are known. This can be risky because TBIs sometimes take weeks or months to show their full impact. Accepting an early settlement may leave you without the financial resources needed for long-term care.

A skilled lawyer can negotiate with insurers and take legal action if necessary to pursue fair compensation.

TBI cases require a deeper understanding of medical and legal complexities. A TBI attorney can connect with medical professionals who can document the full extent of your injury, making it harder for insurance companies to dispute your claim. They can also calculate future expenses, including rehabilitation, therapy and lost wages, so you do not settle for less than you need.

Beyond handling negotiations, a lawyer can take your case to court if necessary. Many insurance companies offer higher settlements when they know a case is backed by strong legal representation. This increases your chances of securing compensation that fully reflects the impact of your injury.

Experienced TBI Attorneys Fighting for Your Future

At Farese, Farese, & Farese, P.A., our team of experienced TBI attorneys is dedicated to helping clients navigate the complex and often overwhelming process of seeking compensation and support after a traumatic brain injury. We can help in the following ways:

  • Partnering with medical experts, including neurologists, rehabilitation specialists, and other medical professionals, to document injury severity and prognosis and ensure a comprehensive understanding of the injury.
  • Accurately assessing the long-term financial implications of a TBI, including lifetime care costs, lost wages, and reduced earning potential, and working with economists and other experts to determine the full extent of the financial impact.
  • Gathering and preserving crucial evidence from accident scenes, including working with investigators and other experts to reconstruct the accident and gather evidence to support the client’s claim.
  • Crafting persuasive cases using cutting-edge technology and innovative presentation techniques to effectively communicate the client’s story and advocate for their rights.
  • Fighting for maximum compensation through skilled negotiation or litigation, using our expertise and resources to navigate the legal system and achieve a successful outcome.

Do not sit in silence while struggling with TBI symptoms. If you or a loved one is struggling with the devastating effects of a traumatic brain injury, do not let insurance companies minimize the impact of your condition. Our lawyers at Farese, Farese, & Farese, P.A., are dedicated to fighting for the maximum compensation and support you deserve.

Contact our Ashland and Oxford offices via 662-736-1292 or online for a confidential consultation and take the first step towards reclaiming your life and securing the justice you deserve.