According to the CDC, over 1.5 million people sustain a brain injury in the US each year. There are a variety of different types of brain injuries, and they can vary significantly in severity. They include concussions, which are mild traumatic brain injuries, to more severe forms such as contusions, which involve bruising of the brain tissue. The degree of severity ranges from mild, causing temporary dysfunction, to severe, which can result in long-term complications or death.
Brain injuries can have profound physical, cognitive, and emotional consequences. Physically, they may cause headaches, dizziness, and motor coordination issues. Cognitively, they can impair memory, concentration, and decision-making abilities. Emotionally, brain injuries can lead to mood swings, depression, and anxiety, profoundly affecting both the individuals and their families.
Regardless of how minor the injury may seem, it’s important to seek immediate medical attention for proper diagnosis and treatment. Prompt medical care not only ensures your health and safety but also provides essential documentation for any potential legal action.
Legal Considerations
Legal action may be appropriate if your brain injury was caused by someone else’s negligence. Common scenarios include car accidents, slip and falls on dangerous properties, and workplace injuries. If your injury occurred due to another party’s fault, seeking compensation could be a viable option, and is recommended due to the high cost of long-term brain injuries.
Several factors influence the decision to pursue legal action:
- Severity of the brain injury: The more severe the injury, the greater its impact on your life and the higher the potential compensation.
- Clear evidence of negligence: Establishing that another party’s negligence directly caused your injury is crucial.
- Potential for compensation: Consider if the compensation will cover your medical expenses, lost wages, and other related costs.
Navigating the legal landscape alone can be daunting. Consulting an experienced brain injury lawyer can provide the guidance and support needed to pursue your claim effectively.
Steps To Take
From the moment the incident occurs, it’s important to document as much as possible. Creating a detailed record of your accident and its aftermath is essential for building a strong legal case.
What to Document:
- Date, time, and location of the accident.
- Cause of the accident (if known).
- Names and contact information of any witnesses.
- Description of your injuries and initial symptoms.
- Copies of all medical bills, reports, and treatment plans.
- Documentation of lost wages or missed work opportunities.
- Receipts for any out-of-pocket expenses related to the injury.
Next, seeking legal representation from a personal injury lawyer specializing in brain injuries is crucial. These professionals have the expertise to navigate the complexities of brain injury cases.
A lawyer can take on all aspects of a brain injury case, beginning with evaluating your case and determining potential legal options. They can also help gather evidence and guide you on the types of evidence you will need. One big step that can be complex to navigate on your own is negotiating with insurance companies. Lawyers have experience and know common tactics that insurance companies use to lowball offers. If the case goes to court, your attorney can represent you and advocate for your best interests.
Potential Claims
Personal injury lawsuits can apply to brain injuries caused by negligence. Examples include car or motorcycle accidents, medical malpractice, and fall incidents. These claims seek to hold the negligent party accountable and secure compensation for the victim. For example, if a truck runs a red light and hits your motorcycle, you can hold them responsible for covering your medical care.
For brain injuries sustained on the job, workers’ compensation benefits can help. Brain injuries are unfortunately not uncommon on construction sites or at other workplaces with manual labor. Workers’ compensation is a type of insurance carried by most employers, and the benefits cover medical expenses and lost wages. Eligibility requirements and the application process vary by state, so legal guidance is often necessary.
What Compensation Might Cover
If the case is successful, you can recover compensation to cover past and future medical bills. This includes hospital stays, doctor visits, rehabilitation therapy, and medications. Due to how expensive and long-term the costs of a brain injury can be, it’s important to estimate these costs and include them in the damages you seek. Many brain injury settlements are well over $100,000. An attorney can help with the step of estimating medical costs.
Compensation can also cover lost wages due to missed work, reduced earning capacity, or permanent disability caused by the brain injury. The road to recovery is often long, and sometimes injured victims can never return to work, or at least the same job.
There are also non-economic damages that can be recovered, which are the consequences of an injury that are harder to put a monetary value on. For example, the pain and suffering associated with a brain injury are taken into account when determining compensation. The physical and emotional pain and suffering caused by the brain injury are often part of the damages in a brain injury case. Depending on the case, compensation might also cover loss of enjoyment of life, property damage, and emotional distress for family members.
Financial Planning For Brain Injury Recovery
Sustaining a brain injury can have significant financial implications for individuals and their families. From medical expenses to potential loss of income, the costs associated with brain injury recovery can be overwhelming. However, with careful financial planning and management, individuals can navigate these challenges more effectively.
One important aspect of financial planning for individuals with brain injuries is accessing disability benefits. Depending on the severity of the injury and its impact on the individual’s ability to work, they may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). These benefits can provide crucial financial support to cover living expenses and medical costs.
For individuals with brain injuries who receive substantial financial settlements or inheritances, setting up a special needs trust can be a smart financial planning strategy. A special needs trust allows funds to be set aside for the individual’s benefit without jeopardizing their eligibility for government benefits like Medicaid or Supplemental Security Income (SSI). This trust can cover expenses not covered by public benefits, such as home modifications, assistive technology, and recreational activities.
Moving Towards Healing
While an attorney focuses on the legal aspects of your case and a financial planner helps manage the costs, it’s important that you focus on your physical and emotional recovery. Getting adequate rest and remaining stress-free are important parts of recovery. Let professionals manage the complexities of your case and get you the compensation you need to recover properly. Be aware that there might be time limits for filing legal claims, so seeking legal advice sooner rather than later is recommended.
Organizations like the Brain Injury Association of America and BrainLine offer support and guidance during recovery.
