According to the Journal of Head Trauma Rehabilitation, there are at least 5.3 million Americans living with a disability as a result of Traumatic Brain Injury. Each year, at least 230,000 people are admitted to Hospitals with TBI. Over 80,000 of them, or nearly one third, experience long-term disability as a consequence of their injuries.
Profound changes will occur in the patient’s ability to respond to the demands of daily living. Careful consideration and understanding of private insurance and public benefits and entitlements are essential when faced with such a catastrophic injury. Benefits may be available through Social Security, Medicare, Medicaid, Medical Assistance, State Office of Vocational Rehabilitation, Workers’ Compensation Benefits, Disability Insurance, Motor Vehicle Liability and Health Insurance.
The significant financial demands which result from a catastrophic injury require that all financial resources be pursued. In addition to social services at the hospital and/or rehabilitation facility, it may be necessary to consult with legal professionals to help brain injury
survivors in the areas of Social Security Law, Medicare, Medicaid, competency, guardianship, estate planning, and power of attorney.
Insurance and legal claims may need to be brought as a result of the incident that caused the injury (such as motor vehicle collisions, work related injuries, falls, defective automobiles, killer roadways, defective sports and recreational vehicles).
It is important that an experienced attorney be brought in early in the process to make sure that the legal rights are protected by preserving evidence, conducting an investigation and interviewing witnesses. The lawyer can analyze all benefits available under an individual’s insurance policies and through public benefits, and determine whether there are deadlines to meet to make sure that your rights to bring a claim is protected.
Damages in personal injury cases can provide additional compensation for long-term medical, residential, custodial and supportive care, as well as the loss of earnings and earning capacity – the ability to earn a living and support family.
Finding a lawyer with expertise in the field of traumatic injuries is the only way that a victim and family can be certain that all aspects of their medical benefits and legal rights are properly and fully investigated and protected.