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Brain Injury Claims

The Deadline to File a Brain Injury Claim

Injury Lawyer Hawaii- Deadlines The deadline for filing most brain injury claims in court in Hawaii is two (2) years from the date when (a) the victim was exposed to the danger and (b) SOME injuries resulted therefrom. The time is NOT necessarily measured from when the brain injury actually becomes full-blown. It should be noted, however, that there are exceptions to this rule- for example, claims against the City and County of Honolulu, Maui, Hawaii and the various other Counties must be filed with the appropriate agency within six (6) months of the date of the accident. You must file your claims in court (or otherwise) prior to the expiration of such deadlines, or your claims may be lost—regardless of their merit. To be wise it is recommended that you immediately contact an attorney after an accident giving rise to a possible brain injury occurs- please do not hesitate to :

Contact Injury Lawyer Hawaii now for a free evaluation of your case.


Brain Injury - the "silent epidemic"

According to the Brain Injury Association of America- each year, brain injury claims more than 50,000 lives and leaves more than 80,000 individuals with lifelong disabilities. The silent epidemic of brain injury is illustrated best by a 1999 statistic from the Centers for Disease Control and Prevention, there currently are at least 5.3 million Americans living with a disability as a result of brain injury.

A brain injury is often the result of a vehicle crash, a serious fall, a medical error or a sports injury. It has been said that every 21 seconds someone suffers a brain injury. The impact of a brain injury can be devastating, but a brain injury attorney can help lessen the impact that the brain injury has on the lifestyle of the patient and his or her family, by helping to reduce the financial strain caused by the brain injury.

Brain Injury - Medical treatment

What parts of the brain the brain injury has affected- will determine what symptoms may appear. When an accident has not resulted in visible damage to the outside of a patient's head, there can still be extensive brain injury. A brain injury with no external damage to the head is often left untreated because the individual and his health care providers underestimate the impact of the injury. It can be important to have an MRI taken in order to obtain an accurate diagnosis of a brain injury, even when the head itself does not display a visible wound.

All potential brain injury victims should seek proper medical evaluation from a doctor trained to recognize brain injury signs and symptoms. The brain injury symptoms are generally easiest to recognize in the days immediately following when a brain injury is been experienced. As the internal swelling and recent trauma to the brain have a chance to heal, the relationship between a specific trauma and brain injuries can be obscured. A brain injury will not always heal completely, and when it does not, it may leave residual effects on the cognitive functioning, the emotions, the personality and other basic functions. The sooner that a brain injury is diagnosed, the sooner treatment can begin to reduce the long term impact of the brain injury on the patient and to try to prevent further deterioration and recover any lost functioning.

Living with a Brain Injury

Patients who have experienced permanent brain injury symptoms can sometimes learn to retrain other parts of their brain in order to compensate for the lost functioning. Such compensation generally has the best results when the proper brain injury treatment is commenced shortly after the accident has occurred. Such brain injury treatment can be costly. Moreover, it comes at a time when the brain injury patient's family is already experiencing financial loss and emotional upheaval. When a brain injury limits the victim's ability to participate in work and social activities- the strain on the patient and the patient's family can be very challenging. In such circumstances obtaining the assistance of a competent brain injury attorney may help to ease the financial strain. .

Spouses, children acting as caregivers and parents of those who have sustained a brain injury often find themselves overwhelmed with an ongoing need for information. Finding help can be a complicated and exhausting task. An experienced brain injury attorney can often help with these challenges as well.

The Brain Injury Association of America For further information about brain injury, you may wish to:
Contact the Brain Injury Association of America for more information.


To confer with a brain injury attorney, please contact us.

 

Injury Attorney Hawaii

 

Injury Lawyer Hawaii


William Lawson, Esq.
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1188 Bishop St. Suite 2902
Honolulu, HI 96813

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Savini v. University of Hawaii 113 Hawaii 459 (3/19/07), a recent decision of the Hawaii Supreme Court, has helped to clarify Hawaii law on auto accident claims against the State of Hawaii. That case addressed the conflict between (1) the general two year (from date of occurrence) deadline for filing claims against the State and (2) the general auto accident deadline of two years from the date of the accident or the date of the last payment of no fault (PIP) benefits, whichever is later. The Hawaii Supreme Court held that because auto claims against the State are typically not actionable until the threshold of $5,000.00 in medical expenses has been met, in the typical case an action can be filed against the State for two years after the date on which the threshold is met.



The information provided in these pages is intended to be preliminary and informational ONLY. It is not legal advice by Injury Lawyer Hawaii nor may it be relied upon as such. The use of the Brain Injury Lawyer Hawaii- Head | TBI webpages does not establish an attorney-client relationship. This page is Copyright Injury Lawyer Hawaii- Brain- Head- TBI 1999-2005 by Injury Lawyer Hawaii All rights reserved. Its contents are the property of William H. Lawson-

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