Biloxi: 228-435-3000 | Ocean Springs: 228-872-6000 | Hattiesburg: 601-583-5000
Purvis Brain Injury Workers Compensation Lawyer
Ever wonder why a Purvis Brain Injury Workers Compensation Lawyer’s commercial never once mentions the word verdict?
Warning: a traumatic brain injury case is exactly the kind of file where the difference between a lawyer who has actually tried a case to verdict and one who hasn’t shows up loudest.
So. Here’s why that matters more here than almost anywhere else in this practice area. A brain injury claim frequently ends up contested all the way through a hearing, because the injury is invisible on the outside and the insurance company knows a jury never has to see it, only an Administrative Judge does, and that judge has to be convinced by someone who actually knows how to try the case.
Ray is a maintenance technician at a Lamar County School District building, standing below a suspended ceiling grid inspecting ductwork before the next school year starts. A loosened access panel drops without warning and strikes him in the head. He finishes filling out his own incident report before anyone realizes his words aren’t making sense.
Purvis Brain Injury Workers Compensation Lawyer: Why A Brain Injury Claim Almost Always Ends Up Contested
Ray was hurt doing the work he was hired for, so the claim is covered. Suppose the brain injury keeps Ray from ever holding gainful work again. Then subsection (a) replaces two-thirds of his usual weekly pay, capped by the state, for a maximum of 450 weeks. A closed head injury is harder to see than a broken bone. That invisibility is exactly why the carrier fights the classification instead of accepting it.
A settlement mill’s secretary treats a mild concussion diagnosis on an ER discharge sheet as the whole story, when a follow-up neuropsychological evaluation weeks later is often what actually reveals the real cognitive damage. Reading only the first page of the medical file is how a genuine brain injury claim gets undervalued before anyone even schedules the right specialist.
The Insurance Company’s Favorite Weapon On A Brain Injury Claim
Here’s the part nobody explains to Ray’s family in the emergency room. Within days, an adjuster calls asking for a recorded statement, and Ray, still foggy from the injury itself, is exactly the worst possible person to be answering detailed questions on the record. Surveillance is the second trap, since a carrier fighting a brain injury claim will film Ray doing something ordinary, like mowing his own yard, and present it as proof he’s fully recovered, ignoring that cognitive deficits don’t show up on video the way a limp does. The Independent Medical Exam is the third trap, since the company’s chosen doctor gets paid to minimize findings that Ray’s own treating neurologist takes seriously. A neuropsychologist’s report can sink Ray’s claim. Only a lawyer who has cross-examined one knows how to take that report apart.
If The Insurance Company Points To An Old Concussion
Realize this before accepting an employer’s theory about your own state of mind: Mississippi law requires actual evidence to deny a claim as self-inflicted, not just a convincing-sounding story. A lineman was catastrophically injured by electrical shock. His employer claimed the injury was intentional, based on an unrelated investigation and reports he’d been acting strangely, with no witness to what actually occurred. The state’s highest court rejected that as speculation and ordered his claim reconsidered for benefits. A theory is not evidence, no matter how much sense it seems to make.
What A Permanent Brain Injury Claim Is Actually Worth
That 66-2/3% figure under Section 71-3-17(a) isn’t a starting number the adjuster gets to talk down before Ray’s family even understands what’s on the table. It’s the number the legislature wrote into the statute for a permanent, disabling injury, for up to 450 weeks. Walk into the Lamar County Circuit Court at 203 Main Street in Purvis on a contested hearing day, and you will not find most billboard lawyers there, because most have never actually tried a workers comp case to a final ruling inside that building. Ask any TV lawyer directly when the last time was he stood before an Administrative Judge and got a ruling, not a settlement, an actual ruling. Listen to how long the pause is before he answers.
Other Real Purvis Scenarios Behind A Brain Injury Claim
A direct-care worker at South Mississippi State Hospital is struck in the head during a sudden violent episode with a patient she was trained to de-escalate but couldn’t reach in time. A warehouse worker on the Hattiesburg/I-59 logistics corridor is struck by a falling section of pallet racking that clips his skull on the way down. A delivery driver is rear-ended hard enough on US Highway 11 to slam his head against the driver’s side window. Different mechanisms, the same closed head injury classification fight under Section 71-3-17(a), and the same insurance company resistance every time the diagnosis is invisible from the outside.
Ray’s family walks away with more than I collect, guaranteed in writing up front. And from the TTD checks paid during this fight, I take $0.00. Read the full Foster Fair Fee Guarantee and then ask your TV lawyer to match it in writing.
For the official state agency that administers this claim, see the Mississippi Workers’ Compensation Commission.
The TV Lawyer’s Fee Betrayal On A Brain Injury Claim
Ask yourself does it matter if the neurologist reading Ray’s scans has actually treated a closed head injury before, not just skimmed a radiology report. Ask yourself does it matter if the pilot flying the medical transport that got him to Hattiesburg has actually flown before, not just trained in a simulator. Ask yourself does it matter if the trial lawyer standing up for Ray’s family has actually tried a case before an Administrative Judge to an actual ruling, not just settled every file that ever crossed his desk. Now ask yourself which of those three questions your TV lawyer can honestly answer yes to.
Has he actually stood at counsel table in the Lamar County Circuit Court and tried a contested workers comp case to a ruling. Has he actually cross examined a neuropsychologist under oath about cognitive deficits a video can’t show. Has he actually taken a permanent total disability dispute all the way through a hearing rather than folding at the first offer. Three strikes for most TV lawyers. The carrier’s own defense counsel knows exactly which local lawyers have tried a case and which have only ever settled.
Now watch what happens to Ray’s settlement anyway. There’s the intake fee. Then a “medical coordination fee,” for someone to schedule the appointments Ray’s own family could have scheduled themselves. Then a fee for reviewing the fee, stacked on top of a check meant to support a man who may never work again. We are not talking about pocket change, or even a few thousand. On a permanent brain injury claim, this is money meant to last Ray the rest of his life. It vanished before his family understood what got subtracted. Try getting a TV lawyer to put a fee waiver on a brain injury settlement in writing. Go ahead. Call and ask. Listen to the silence. This isn’t one bad office having a bad day. Nearly every catastrophic file lands at a volume shop that has never once stepped into a courtroom to try a case, and each gets the identical treatment with only the name on the folder changed.
Purvis Brain Injury Workers Compensation Lawyer: Frequently Asked Questions About Purvis Brain Injury Claims
Can a mild concussion diagnosis on an ER report hide a more serious brain injury?
Yes. A follow-up neuropsychological evaluation weeks after the injury is often what actually reveals lasting cognitive damage that an emergency room discharge sheet never captured.
Can surveillance video really disprove a brain injury claim?
Insurance companies try, but cognitive deficits from a closed head injury don’t show up on video the way a physical limp does, which is exactly why this tactic is misleading rather than genuinely disproving anything.
Can an old high school concussion be used to reduce my brain injury claim?
An old high school concussion is not proof of anything by itself. A judge, citing Section 71-3-7(3)(b), decides that apportionment call, not an adjuster flipping through an old sports physical.
Where are contested brain injury hearings held for a Purvis claim?
Every contested brain injury claim out of Purvis gets its hearing in the same building, the Lamar County courthouse, address 203 Main Street.
How much does Jay Foster take from the weekly TTD check on a brain injury claim?
None of it. Every temporary total disability payment on a brain injury claim goes to your family in full, with $0.00 kept by Jay Foster.
P.S. Before the adjuster calls again asking Ray’s family for a recorded statement, get the free book first. It names the notice deadline, the filing deadline, and exactly who is not protecting your family from either one. Or reach the office at 1-833-J-Foster (1-833-536-7837).