Understanding the Legal Side of Traumatic Brain Injury

A traumatic brain injury (TBI) can be a complicated, long-lasting issue. After the initial treatment f, many patients require extensive rehabilitation and on-going therapy that may last a lifetime. The financial repercussions can be significant, as well as the factors involved with reduced physical and mental capacity typical of a TBI. Attorneys can give victims and families valuable advice and assistance about personal rights, financial matters and potentially seeking damages.

Do Lawyers Specialize in TBI?

There is a subset of law firms that specialize in the legal issues surrounding traumatic brain injuries. Whether determining fault in an injury case or advocating a victim’s rights, TBI cases tend to be highly nuanced and complex. Legal specialists will often have access to experts and financial resources to prepare a lengthy, detailed case that is tailored specifically to the victim’s need, such as:

1. Protecting Civil Rights

An unfortunate result of many TBIs is a reduced capacity for self-care and mobility. However, victims of TBI still have the right to work, school and accessible housing. They also have the right to make their own decisions about their living situations and money. If competency becomes an issue, a lawyer can help a victim retain the least restrictive alternative, and help ensure that a guardian’s authority is explicitly limited to the victim’s need.

2. Understanding Financial Issues

There are situations where the victim of a TBI is no longer able to work. Combined with medical bills and the expense of assisted or accessible housing, the financial ramifications can be debilitating. Attorneys experienced with TBIs can assist victims and families with estate planning, special needs trusts and applying for government benefits and disability programs. There are also legal matters of power of attorney, medical directives and living wills that should be addressed.

3. Personal Injury Resources

If a TBI is the result of an accident where a third party is believed to be responsible, the victim and family are often entitled to financial recourse. Traumatic brain injury cases can be tricky as it can be difficult to prove when and where the TBI was sustained. Lawyers that specialize in brain injuries often have the best methods of presenting the case so that the victims receive the compensation they are due.

A traumatic brain injury is not a broken leg, and it can have the power to change lives radically. Consult a personal injury lawyer in Fort Lauderdale, FL who is experienced with brain injuries for the best chance of a thorough and successful handling of your case.

Thanks to Needle & Ellenberg, P.A. for their insight into personal injury claims and the legal side of traumatic brain injury.