There are few injuries that come short of a fatality that are more serious than traumatic brain injuries. The brain is the most vital component of the body, and any disruption in cognitive abilities is seriously life-altering for both the victim and their loved ones who feel they must provide all available assistance.
That assistance commonly includes maintaining a care system that goes far beyond the medical needs of the family member. Nearly every aspect of life can be impacted by a traumatic brain injury, and those inabilities also extend to the immediate family and caretakers.
Not only is it often vital to manage a comprehensive care team when treatment facility coverage is not possible, but there can also often be concerns regarding who is responsible for providing benefits when the victim was injured in an accident caused by a negligent party.
Even when individuals are left with serious medical problems, defendants and their insurance companies will still often attempt to deflect blame to another party. And even when responsibility can be established in court, insurance providers will still stress technicalities whenever possible in an attempt to lessen the required benefits.
The entire scenario can result in all-around frustration and stress for those involved, and having an experienced personal injury attorney handling negotiations is the best decision for the family.
Treatment Regimens
Implementing a treatment plan for those suffering from traumatic brain injuries can be challenging. It begins with what will be needed for the patient, but the decisions will also be impacted by what aspect of medical coverage is available or affordable.
Medical benefits do not always include in-house facility care and treatment option provided by the responsible party. All treatment specialists must be coordinated, and many times arrangements must be made for times when medical staff is not available.
Proper care becomes a team effort within the family when this is the situation, and making sure the individual on duty is capable of what care entails is vital. Treatment effectively becomes a full-time job for not only the caregivers but the family decision maker as well, which means the injury interrupts more lives than just the victim.
Financial Responsibility
Most brain injuries resulting from an accident will be limited to financial compensation according to personal injury law, and insurance coverage limitations can matter significantly. Negligent parties can also be pursued for additional damages in an effort to obtain whole damages, but resources can still be limited in some instances.
Brain injuries also can render the patient totally and permanently disabled, and there is always a legal process to go through before any disability benefits will begin. While the Social Security Administration or a private pension provider will have certain injuries such as a brain injury listed as an automatic approval claim, it still takes time for all medical information and personal testimony evaluation before a claim is approved and treatment payment can be provided.
There are also rules regarding medical coverage that can complicate the issue as well, which also makes having a comprehensive personal injury attorney handling the case even more important. Not only is managing the patient care a challenge, but ensuring all treatment charges are covered is equally as stressful.
Why Comprehensive Legal Representation is Important
Families of traumatic brain injury victims have enough to deal with regarding making decisions for their injured family member. Having a compassionate and experienced attorney who understands how complicated the fallout can be is vital to a swift application of treatment and the legal aspects of the injury.
Your personal injury attorney can evaluate all circumstances surrounding the injury and investigate for negligent parties and other forms of legal help that can be applied in the case. Brain injuries resulting from an auto accident will be adjudicated by state personal injury and accident law, including comparative negligence assessments for all parties to the collision that were possibly at fault.
Mississippi uses pure comparative negligence law, so brain injury victims who were driving at the time of the accident could have modified coverage based on their personal negligence percentage. Accidents that include commercial vehicles could result in the employer being liable to some extent as well.
Brain injuries that occur at work typically are governed by the state worker’s compensation system rules regarding financial responsibility, and pain-and-suffering allowance could be limited when an employer has not violated any safety rules and regulations.
It is essential to understand that cases regarding traumatic brain injuries can be complicated without the help of a seasoned personal injury attorney who can help you pursue your rights to full compensation for your injuries or those of your loved one.
Contact Richard Schwartz & Associates Injury Lawyer for Full-Service Counsel
It is always essential to have an experienced and compassionate legal representative when you are faced with a traumatic brain injury in the family. There are always legal issues when victims are left incapacitated, and implementing those rights can be difficult.
The attorney you choose can make a big difference in both benefits and reduction of emotional impact on the family. In Mississippi, the law firm to call is Richard Schwartz & Associates Injury Lawyer for full service personal and compassionate legal counsel. Our attorneys will be your legal advocates and fight to get you and your family the compensation you justly deserve so you can work on moving forward and healing together.
