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Brain Injury Resulting from Medical Negligence

Cases involving brain injury are among the most challenging issues to resolve simply because brain injuries are not visible, especially when medical negligence is involved. Unfortunately, brain injuries complicate the lives of both the injured person and loved ones. As a result, most people consult a Bakersfield brain injury attorney to help their loved ones get justice. In the medical industry, the code of conduct is how medical practitioners are guided. According to the principle of conduct, medical negligence is considered gross misconduct. Medics understand that the consequences of gross misconduct can render them jobless, and that’s why they deny medical negligence complaints raised by patients. The good thing is that a Bakersfield’s brain injury attorney can help to obtain the justice deserved during this challenging time. Types of Medical Negligence-Related Brain Injuries The brain is a critical organ in the body because it controls and regulates various body functions, such as breathing, mobility, thinking, and much more. The common types of brain injuries resulting from medical negligence include: Traumatic Brain Injury (TBI) Traumatic brain injuries are the most common and take a long time to heal. Sudden, violent bumps or jolts cause traumatic brain injuries to the head. TBIs occur when blunt objects hit the skull or sharp objects pierce through the skull and reach the brain tissue. A doctor might accidentally injure a patient while performing head surgery, but the problem is refusing to accept responsibility for the mistake. Not taking responsibility can potentially set the doctor up for legal action. On the other hand, recovering damages facilitates rehabilitation and provision of standard care to brain injury victims. Acquired Brain Injury (ABI) Acquired brain injuries often occur during birth, but they can also be caused by a brain hemorrhage, heavy blows, infections, tumors, stroke, oxygen deficiency, Etc. In addition, ABI patients experience migraines, loss of memory, and fatigue. I’m sure you’ve heard of cases where a negligent midwife was sued for mishandling women during birth, thus injuring a newborn’s brain. Hypoxic Brain Injury (HBI) Hypoxic brain injury is caused by lacking oxygen in the brain. Lack of oxygen in the brain causes gradual impairment because the brain cells die every second. A patient can be deprived of oxygen carelessly when specific procedures are performed on them. Hypoxic brain injuries cause temporary or permanent brain impairment, depending on the severity of the damages. Therefore, victims of HBI should file a brain injury claim against the negligent doctor or their medical facility’s employer. Prerequisites for Filing a Brain Injury Claim Wondering if you qualify to be compensated for a brain injury?  Individuals are eligible for brain injury compensation if: The expected standard of care provided was below par. In other words, the doctor breached their duty of care. The brain injury resulted from the negligent acts of a doctor or medical facility You are within the provision of statutes of limitations. If you or a loved one is a brain injury victim because of medical negligence, you should immediately consult a brain injury attorney to assist you in obtaining justice.

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Personal Injury – Negligence Pt. 2

When an individual wants to prove fault in a car accident, they often rely on the legal theory referred to as negligence. This article will discuss the legal theory of failure and how it affects your injury claim. According to the Cornell Law School Legal Information Institute [Negligence | Wex | US Law | LII / Legal Information Institute (cornell.edu)], negligence is defined as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions but can also omit when there is a duty to act.” In other words, negligence can refer to a person’s careless actions or conduct that results in harm to another. To understand how negligence impacts your case, speak to Bakersfield auto accident lawyers.  To establish negligence, the plaintiff in a case must prove the following four elements: Duty of care: The first element involves the duty of care. This legal term refers to an individual’s responsibility to avoid harming another person or causing harm to another. In the case of a car accident, a driver must drive the vehicle using reasonable care. Such responsibility includes the driver considering numerous factors while driving, such as the conditions of traffic, road visibility, and the weather. Each state has its vehicle and traffic codes that define the legal obligations of a driver and provide prohibitions regarding specific driving conduct. Breach: The second element involves the breach of duty of care. For this element, the plaintiff must show precisely how the defendant driver breached their duty of care. For a car accident, proving there was a breach in duty of care will require evidence that the defendant driver committed a traffic violation or drove negligently, thus causing the accident. For example, the defendant driver abruptly turns to the left in front of oncoming traffic, causing another driver to swerve into another vehicle. Collecting physical evidence, such as camera footage, helps demonstrate a violation of the duty of care. Damage or injury: The third element of negligence involves the plaintiff proving that they suffered some form of injury or damage due to violating the duty of care. Damage can be in respect of property damage, such as a broken windshield to the vehicle involved in the accident. Further, injury includes the accident’s physical, mental, and emotional effects. Therefore, a near-miss does not qualify as damage or injury. Causation: The fourth element involves establishing whether the injury or damage suffered by the plaintiff is a direct result of the breach of care by the defendant. For example, in a car accident where vehicle A rear-ends vehicle B, the driver in vehicle B hits their head on the steering wheel and suffers a concussion. This injury directly results from vehicle A’s impact on vehicle B.

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Why You Must Consider an Injury Lawyer in Accident Claims

It is difficult to go through severe challenges on our own, especially when those challenges involve being in an accident. When it comes to solving accident lawsuits on your own, it becomes straining and stressful. However, pursuing justice for your injuries does not have to be stressful when you reach out to a personal injury lawyer to help your case. There is no need to worry about the cost and fees as it will not be an issue in some cases due to specific instances where payment is not obliged until the case has been resolved and compensation is received. Don’t risk your compensation, consult a Bakersfield injury lawyer to make the process and fight worthwhile. Our Bakersfield Injury Lawyers help their clients hold liable parties accountable for the negligent acts that have caused injuries and ensure their client’s compensation. Regardless of the complexity of your situation, our legal professional injury attorneys will assist with your case. A legal representative will always fight for your case until compensation is ensured. Don’t struggle alone as an accident victim; reach out to an experienced injury attorney to fight for your justice. Below will be the following benefits of hiring a Bakersfield accident attorney. Benefits of Hiring a Lawyer Injury Lawyers are experts behind cases of work; hiring a Bakersfield injury attorney to assist in filing a lawsuit for compensation only will they understand the specific legal procedures to do so. There may be instances where hiring a legal professional is not required. However, in terms of being involved in an accident, it is only wise to search for a personal injury lawyer to help resolve your case. Additionally, one must consider some requirements before searching for an injury attorney. Legal Knowledge Injury lawyers require the skills to handle legal issues of accident lawsuits accordingly. Therefore, when representing your case, it is essential to search for an attorney with the practical knowledge of law procedures and judicial systems. A knowledgeable accident attorney will only benefit and legitimate your case moving forward through the filed lawsuit. Experience Experience is crucial when searching for a personal injury attorney; this will determine your case’s organizational and ambiguous skills. In addition, having set experiences with different accident cases portrays the case’s chances of success or failure before the trial begins. Finally, remember that lawyers might have come upon a case similar to your own, which means they will be familiar with the following procedures. Legal Counsel Since lawyers are the experts here, they’re the best people to turn to for legal counsel, for which given advice should be considered seriously and positively. A lawyer can help you understand how the law impacts your situation and recommend the appropriate legal options for your case. Lawyers understand Court Protocol You must conduct yourself in a certain way in courts, meaning you can blunder here if you do not have a legal background. Filing a case can also be challenging considering the paperwork clients must have completed beforehand; a procedural mistake can infuriate the jury and adversely impact your case. Legal Connections Lawyers have networks of professionals they turn to for various reasons, such as investigators, doctors, accountants, and others. In addition, experienced lawyers understand the psychology of the jury they work with, meaning they know what works for the jury. Qualities of a Competent Lawyer The quality of good lawyers includes: Competent lawyers are compassionate to clients. A lawyer must be an excellent communicator. Your lawyer should be widely experienced. You should hire a lawyer after evaluating their success rate in past assignments.   Overall, accident claims made by the client should be approached cautiously. The best way to handle accident claims is by consulting an injury lawyer.

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Steps for Resolving Accident Lawsuits

Who should compensate victims of accidents for injuries or damaged property? Personal injury is a body of law that facilitates amicable resolution of accident lawsuits or personal injury claims. The legal process begins with hiring a Bakersfield accident attorney. The goal is to hold those parties liable for negligence while recovering damages. Personal injury attorneys are experts and have the required knowledge in personal injury law. If you or a close relative has been involved in an accident in Bakersfield and you are not quite sure about your next steps, begin by contacting a Bakersfield accident attorney. The following are the steps in how an accident lawsuit is resolved. Steps of Resolving Accident Lawsuits Accident claims are resolved through personal injury laws and include the following: Consulting a Personal Injury Attorney The statute of limitations in personal injury can vary by state, but the average is 2 to 3 years in most jurisdictions. The statute of limitations refers to the legal window within which a plaintiff can initiate legal action against a defendant. Failing to file a claim within the statute of limitations automatically denies the plaintiff the right to recover damages against the defendant. It is important to note that the legal timeframe does not necessarily commence when an accident occurs. However, the timescale can start when a plaintiff discovers injuries or discovers that their injuries resulted from the negligence of another person, entity, or organization. Initiating Legal Action After identifying an attorney (refer to step 1 above), they will evaluate your case and file an official legal after which the accused is summoned. The defendant should respond within 30 days. The defendant’s response can be a denial or admittance, or they could cite insufficient information in response to admittance or denial. Fact-Finding & Discovery A competent attorney gathers facts and relevant documents to build a case. Requests to admit or deny specific facts of the case are a powerful tool that can add credence. The discovery stage is called the interrogation stage, involving the production of critical documents associated with the issue and depositions. A deposition is sworn under oath, and it’s admissible in court. A reasonable attorney can influence the course of a case by asking questions that substantiate their claims. A reasonable attorney can also poke holes in the defendant’s claim and discredit their story. Pre-Trial Negotiations Sometimes lawsuits are dismissed before trial due to the following factors: Lack of subject matter. Lack of jurisdiction. Wrong venue. Failing to state a legal claim. Pre-trial motions can result in out-of-court negotiations or end a case if the parties are not in dispute. Settlement Most cases do not go to trial to avoid litigation costs, public exposure, and the complexities associated with court trials. However, in some instances, the issue can return to court if an out-of-court resolution fails. Personal injury claims can range from auto accidents to slip-and-falls and much more. An attorney can help you initiate a legal process to recover damages for injuries besides holding the faulting party accountable.

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Summertime Swimming Safety Tip

Every year at about this time, we take to the swimming pool to try to beat the rising temperatures. Many who take advantage of the pool are children out of school for summer vacation. Encouragement of safe recreational outings is something we all, as parents, provide with activities that involve swimming. We support this traditional activity at the Law Offices of Young Wooldridge LLP, located in Bakersfield, CA. As personal injury lawyers, we would like to create a reminder to families the understanding of unanticipated accidents which occur annually in swimming pools to prevent and reduce these accidents. The most frequent cause of injury accidents that occur within swimming pools is leaving children unsupervised. Children left unsupervised create vulnerability to causing an accident not only to themselves but to others. In this regard, our Bakersfield injury lawyers have gathered several valuable tips to reduce the possibility of a swimming pool accident among children occurring again. First, encourage children to swim within the designated areas that are supervised by a swim and first aid competent adult. Never trust or rely on another child to assume the responsibility of acting as a “lifeguard” when an adult is absent. Keep gates and fences secured around pools, particularly when not in use. Do not rely on floatable water devices as life preservers to substitute for an adult’s presence. If a child is missing, CHECK the pool first, remember that these seconds within searching can prevent an injury or worse. Teach children the importance of pool safety. As a family, there can be much done to encourage a safe swim experience for all by understanding and discussing the importance of pool safety. Children as well are required to demonstrate a competence of what they had learned through adult observation and accountability. One quick and easy way adults can to begin learn about pool safety practices by visiting the American Red Cross Swimming Safety website which is devoted to swim safety at https://www.redcross.org/get-help/how-to-prepare-for-emergencies/types-of-emergencies/water-safety/swim-safety.html What is convenient about the American Red Cross site, is that there are several on line training courses that can be completed for a safe summer swim!  

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| Read Time: 2 minutes | Estate Planning

Car Accident Mistakes to Avoid

If you have been involved in an accident it is easy to panic and make avoidable mistakes at the scene of the accident. Other mistakes are made after the accident has occurred and the days leading up to the filing of a personal injury claim. The majority of these issues can be fixed, however, some may be difficult to correct and can negatively affect your claim for compensation. This article will discuss some common legal mistakes that are made after a car accident occurs. At the time of the accident, many people suffer from disorientation or confusion and generally panic as a result of the incident itself. Most of the mistakes that are made can be prevented by simple web searches. However, many will advise seeking the assistance of a professional immediately after the accident occurred so as to avoid any legal mistakes from happening. For assistance in this regard speak to a car accident lawyer in Bakersfield [https://www.youngwooldridge.com/bakersfield-car-accident-attorney/]. Such legal professionals are able to provide the necessary guidance and insight on how to proceed before mistakes are made as well as to work to fix the ones that already exist. One of the key elements to remember after an accident has happened is to preserve evidence [Preserve evidence definition and meaning | Collins English Dictionary (collinsdictionary.com)]. This can simply be done by making an emergency phone call in order to receive assistance. When emergency services and law enforcement are on the scene ensure that you cooperate with them. Make it a point to take photographs of the damage to your vehicle as well as any other vehicle involved in the accident, pay close attention to skid marks and other road conditions; and this is part of building and preserving your evidence. It is likely that the police will file a report with regards to the incident and you will need a copy of the report. A key area where legal mistakes occur is when it comes to following the doctor’s orders and receiving medical attention. The reality is that if you are injured you should receive treatment. However, if you do not appear to be injured take the time to receive medical treatment or observation from emergency services that arrive at the scene of the accident. It is not uncommon for symptoms of harm to manifest themselves days or weeks after the actual accident. Since this is so, it is always best to seek medical attention immediately. One benefit of medical attention is that it provides documentation of your injuries and whatever related harm you may have suffered as a result of the accident. This provides proof in the event you file a personal injury claim. After receiving medical treatment ensure you follow the doctor’s instructions to the letter with regards to your healing process. This may include instructions as to not doing specific activities or duties, not attending physical therapy sessions, or not partaking in specific strenuous physical activities. By following the doctor’s orders you show you are indeed injured and working toward recovery. Your failure to follow the doctor’s orders may be interpreted that you were not as injured as you say you were and you recovered speedily.  

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Personal Injury – Negligence Part 1

In a car accident, when an individual wants to prove fault they often rely on the legal theory referred to as negligence. This article and the subsequent one will discuss the legal theory of negligence and how it affects your personal injury claim. According to the Cornell Law School Legal Information Institute [Negligence | Wex | US Law | LII / Legal Information Institute (cornell.edu)] negligence is defined as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is a duty to act.” Put simply negligence can refer to the careless actions or conduct of a person that lead up or result in the harm of another. To understand how negligence impacts your specific case speak to car accident lawyers in Bakersfield [https://www.youngwooldridge.com/bakersfield-car-accident-attorney/] today. With regards to a car accident, an individual may act negligently by doing something that they shouldn’t do. This can be something like speeding or running a red light. Another aspect of negligence can be when an individual fails to do something they are supposed to do. For example, this could be where a driver fails to yield or forgets to turn on their indicator light to show their intention of turning. The definition by the Cornell Law School Legal Information Institute mentions the phrase “ordinary prudence”, this phrase can be replaced by the term “reasonable care”. With regards to a car accident, a driver would use reasonable care in ensuring that s/he does not injure other road users including passengers, pedestrians, cyclists as well as motorists. Failure to use reasonable care rises to the level of negligence. Where a driver does not practice reasonable care and someone is harmed, then the driver may be financially responsible for any injuries and losses are suffered by the injured individual. A driver needs to exercise reasonable care in order to avoid harming other people by, among other things: Driving their vehicle at a reasonable speed – it’s easy to assume a reasonable speed would be the same as the speed limit or below what is posted on the road. However, it is important to note reasonableness and prudence depend, in part, on other factors, such as weather conditions, road conditions, visibility, and the amount of traffic on the road. Therefore, a driver’s prudence and reasonableness depends on the conditions,  and a safe or reasonable speed is determined by factors other than the speed limit. For example, if the weather is bad (storm), the driver would be reasonable to travel at a lower speed despite the posted speed limit. This shows prudence on the part of the driver as s/he is not endangering other road users. Being vigilant – it is the duty of any driver to pay attention and be alert while driving. This includes keeping on the lookout for pedestrians, road hazards, and other road users. The failure to be vigilant and keep a proper lookout can be negligence.

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| Read Time: 2 minutes | Personal Injury Lawyer Bakersfield CA

How to Defend yourself in Auto Accident Claims

When facing your opponent, whether a plaintiff or a defendant, you should be well prepared in personal injury claims and trials. The facts and evidence of your situation may make a strong case, but you could end up losing if you’re not well prepared for trial. What does preparation entail? There’s no right or wrong approach here, but a good approach would involve not only hiring a lawyer but to hire competent Bakersfield auto accident lawyers for legal advice and guidance. When preparing for trial, you should at least familiarize yourself with the basics of personal injury law, including the common defenses cited, the damages you can recover, court protocol, and much more. We should inform you you can never understand personal injury law by reading about it. However, we can advise that involving Bakersfield auto accident lawyers will be rewarding in the long run. Car Accident Defenses in Car Accident Claims Establishing liability is arguably the most critical part of any trial and can significantly influence the final verdict. However, the success of a claim is not exclusive to establishing fault; it can be influenced by many other factors, such as statutes of limitation, negligence, the duty of care, causation and much more. The commonly cited defenses in auto accident claims are divided into legal and factual defenses. Legal Defenses Legal defenses can further be subdivided into statutes of limitations and lack of stating a claim. Statutes of Limitation The law provides a level playing field to all the parties involved in legal actions, meaning the accused has the right to defend themselves as much as the plaintiff is entitled to recover damages if their case is legitimate. The statute of limitations (a law limiting the time frame for filing legal actions) is a legal defense commonly cited by defendants in auto accident claims. In California the limit to file a case is currently two years, with some exceptions (minor children, government claims, etc). The statutes of limitation can be extended in some specific instances, even if it’s an acceptable defense in auto accident claims. Such instances include: When the plaintiff is disabled When the defendant is out of the country When  the plaintiff is a child Ambiguity in the Plaintiff’s Complaint Document Plaintiffs or their legal representatives must prove negligence, causation and damages, but even that’s not enough. If they file a legal complaint in court, the complaint must clearly state the claim of the plaintiff and provide enough information so the defendant can figure out why he or she is being sued.  A plaintiff’s complaint is a court document filed by plaintiffs stating the facts of a legal situation, including their claim and the legal grounds for their claim(usually negligence). Factual Defenses Factual defenses focus on the degree of responsibility of the defendant and plaintiff.  There are many different defenses, but some of the kore common ones are that the plaintiff contributed to his or her own harm, some  other person caused the accident, or plaintiff failed to take care of him ir herself after the accident and made their own injuries worse as a result. What Damages can you recover in Car Accident Lawsuits? Car accident survivors can recover the following damages in auto accident claims. Damages for past and future medical expenses. Damages for past and future lost wages. Emotional distress damages, past and future. Property damage compensation. The success of a claim depends on many factors, but the most crucial requirement is working with a competent legal team.

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| Read Time: 2 minutes | Frank Wooldridge

Bicycle Accidents: Liability

It is not uncommon for car accidents to occur as a result of an accident with a bicycle. There are often common liability issues when it comes to car versus bicycle accidents. This will be the topic of discussion for this article. The common thread behind car-bicycle accidents is that all states have in place what is known as “side of the road” rules. This basically requires that the cyclist rides on the far right side of the road or in the designated bike lane. While cyclists adhere to the side of the road rules they are still susceptible to some of the most common types of traffic accidents involving vehicles. These include: Hitting parked car doors which are opened Getting brushed by passing cars or trucks Getting hit by vehicles are turning right To know your rights in a car-bicycle accident contact car accident lawyers in Bakersfield [https://www.youngwooldridge.com/bakersfield-car-accident-attorney/]. Fortunately, these side of road rules do not exist in isolation but in combination with other laws which protect bicycle riders who share the streets with vehicles. Where no other law prohibitions exist, cyclists are able to ride in the middle of the traffic lane and have to be afforded the same rights as other motor vehicles. That being said, side of road laws are applicable where a cyclist is not riding to speed with the current motor vehicle traffic. Further, if there is a designated bike lane provided on the road then the cyclist is required to use it. Only under the following circumstances may a cyclist leave the side of the road or bike lane, if: he/she is keeping up with the moving traffic the bicycle lane is too narrow to be shared safely with passing vehicles he/she wants to make a left turn there is debris or road hazards which need to be avoided In the event a cyclist is struck by an individual opening the door of a parked vehicle, the principle of liability used will be negligence [https://www.law.cornell.edu/wex/negligence]. A person must only open their parked car door when it is reasonably safe for them to do so, or else they may be negligent.   As a result, the fault for the accident with the cyclist will fall squarely on the individual who opened the door.  A negligent person might still argue the bike rider was also negligent because he or she could have avoided crashing into the door. One of the most common causes of accidents between vehicles and bicycles is when a car is turning right. When a motorized vehicle makes a right turn it passes the path of a cyclist, whether the cyclist is traveling in a traffic lane or on a bike lane. In such circumstances the motorist is liable for the accident, because a basic rule of using the road is a vehicle must not turn unless it is safe to do so.

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| Read Time: 2 minutes | Personal Injury

3 Primary Duties of Brain Injury Attorneys

Brain injuries interfere with proper functioning of the brain, and by extension the body, since the brain controls other organs of the body. A brain injury can be mild, moderate, or severe (TBI), and it can result from a head blow, a jolt, a penetrating injury, a blunt object strike, and much more. According to the CDC, over 60,000 TBI-related deaths occurred in the U.S in 2019–translating to 166 brain injury-related deaths per day. The good part is that you can contact a Bakersfield brain injury attorney if you or a loved one suffers brain injuries caused by the negligence of an entity or another person. The consequences of a severe brain injury (TBI) can be long-term and you may be dependent on other people for the rest of your life, bearing in mind that it’s hard to provide care for brain injury survivors. TBI may cause death and disabilities, and that’s why you should consult a Bakersfield brain injury attorney to ensure your future is financially, emotionally, and physically safeguarded. The brain injury attorney will take up your case and help you concentrate on recovery. Your attorney will file a legal action to recover damages for the injuries on your behalf. The recoverable damages can be for past and future medical expenses, lost job opportunities and lost earnings, as well as damages for emotional distress arising from the brain injury. Who’s More Susceptible to Brain Injury? Anyone can suffer from a brain injury regardless of age, but it’s more prevalent in: Minorities (racial and ethnic). Veterans, including service men and women. The homeless. Rural dwellers. People in violent relationships. Prisoners, detainees, and those in correctional facilities. Senior citizens, children, and teens. Contact sports (men or women). Importance of a Brain Injury Attorney The scope of a brain injury attorney’s work is vast but can help brain injury survivors in the following ways: Building a strong case Your brain injury attorney should gather evidence by getting the necessary facts to build a strong lawsuit. The important details needed to initiate a legal action include degree of responsibility of the accused, degree of negligence, preventative measures in place, and much more. Brain injuries usually elicit compassion even–from the jury–but you must prove your case to be compensated. Negotiating fair awards Defendants will typically make hurried offers and rush the process to confuse a brain injury survivor, and that’s why it’s important to involve your attorney in everything since they can tell whether an offer is fair or not. You should consider, among many others, the following expenses when drafting your claim: The cost of any surgery. Medication cost. Money spent on assistive devices, including crutches and wheelchairs. Money spent on medical appointments. Therapy and ambulance expenses. Money needed to make changes to your house to accommodate your injuries, if needed Legal Representation The primary role of your attorney is providing legal representation, besides legal counsel. Working with doctors and other medical professionals, your attorney should recommend a good treatment plan and be your primary legal representative in all matters related to your brain injury. Brain injuries can be life-changing and a source of misery since you’ll constantly need medication and may suffer a variety of consequences, including behavioral as well as physical disabilities.  A competent brain injury attorney can help you bring sanity as you recover and contemplate your future.

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