Dealing with traumatic brain injury (TBI) goes way beyond just the medical stuff. It messes with your job, your family and friends, and even the simple joys of everyday life. So, it's crucial for people dealing with TBI to get the lowdown on their legal rights and protections. This article aims to provide an overview of the traumatic brain injury laws and how they can help protect TBI victims.
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is like a glitch in your brain's regular function. It can be caused by a blow, bump, or jolt to the head, or a penetrating head injury. TBIs can range from mild (a brief change in mental status or consciousness) to severe (an extended period of unconsciousness or amnesia after the injury).
Feeling like you could have brain injury symptoms? Then, you may read our article What Are Common Brain Injury Symptoms After an Accident in Missouri & Kansas?
Defining Traumatic Brain Injury Laws
Traumatic brain injury laws are a set of legal regulations and protections that aim to safeguard the rights of individuals affected by TBIs.
These laws cover a wide range of issues, including:
- Medical treatment,
- Workplace accommodations,
- And financial compensation.
Medical Treatment
When it comes to TBIs, you're looking at some serious medical hustle. They often require extensive medical treatment, including hospitalization, rehabilitation, and ongoing care. Traumatic brain injury laws ensure that TBI victims have access to the necessary medical treatment without facing financial barriers.
This includes coverage for:
- Doctor's visits,
- Medication,
- Therapy,
- And assistive devices.
In many cases, this coverage extends to family members who may have also been affected by the injury.
Workplace Accommodations
When it comes to the 9-to-5, TBIs can mess with your work game, making it tough to handle tasks. But fear not! Traumatic brain injury laws provide protection for individuals who have experienced TBI in the workplace.
These may include accommodations such as:
- Modified work schedules,
- Changes in job duties,
- Or the use of assistive technology.
Employers are legally required to make reasonable accommodations for employees with TBIs to help them return to work and continue their employment.
Financial Compensation
In addition to medical treatment and workplace accommodations, traumatic brain injury laws also provide for financial compensation for TBI victims.
This compensation may include:
- Lost wages,
- Medical expenses,
- And pain and suffering.
In cases where the TBI was caused by another party's negligence or intentional harm, the victim may also be entitled to seek damages through a personal injury lawsuit.
Do you want to enlarge your TBI settlement value? Then, you should read our article 3 Tips to Increase the Value of a Brain Injury Settlement in Missouri & Kansas.
Laws for Traumatic Brain Injury Victims
There are several legal protections in place for individuals who have suffered from TBI. These laws vary by state, but there are some commonalities across the board:
Personal Injury Law
Personal injury law is the go-to for those dealt a rough hand due to someone else's slip-up. If your head took a hit because of another person's mistake, like a car accident, slip and fall, or medical malpractice, you could be entitled to damages.
Workers' Compensation Law
If you sustained a TBI while performing your job duties, workers' comp could be your ticket to some much-needed support. This setup usually covers your medical expenses, a portion of lost wages, and even includes disability benefits if the TBI leads to long-term impairment.
It's like a safety net to help you bounce back when work takes a toll on your brain.
Disability Law
When a TBI sticks around and leads to a permanent or long-term disability, victims can tap into their disability rights to secure some support.
How?
With the help provided by the Social Security Disability Insurance (SSDI) program.
And don't forget the Americans with Disabilities Act (ADA). It's the defender against workplace discrimination for individuals with disabilities, including TBI.
Traumatic Brain Injury Act of 1996
In addition to these laws, there's also the Traumatic Brain Injury Act (TBI Act), making its debut in 1996 and getting reauthorized four times since. The TBI Act is all about setting up programs and initiatives to step up the game in TBI research, treatment, and prevention. This law also created state-administered TBI programs that provide resources for individuals with TBI and their families.
What does this mean?
This means that individuals with mild or severe traumatic brain injury may have access to specialized healthcare services, rehabilitation programs, and support groups through these state programs. It's not just about getting by. It's about leveling up your recovery process and boosting the quality of life for those navigating life with a TBI. These resources can assist in the recovery process and improve the quality of life for those living with TBI.
How to Support Individuals with Traumatic Brain Injuries
If someone you know has suffered from TBI, there are several ways you can support them in their recovery process.
First, it is important to educate yourself about TBI and its potential effects. This can help you better understand what the individual may be going through and how to best support them.
Next, be patient and understanding. Recovery from a TBI can take time, and individuals may experience cognitive, emotional, and physical challenges during this process. Be patient with their progress and offer emotional support.
Encouraging the individual to seek proper medical treatment is also crucial. This may include physical therapy, occupational therapy, and counseling to help with any cognitive or emotional difficulties.
Additionally, providing a supportive and accommodating environment can greatly aid in their recovery. This may involve making modifications to their living space, transportation, or work responsibilities to accommodate any disabilities resulting from the TBI.
It is also important to listen and communicate effectively. Individuals with TBIs may have difficulty with communication, so it is essential to be patient and understanding when trying to understand their needs.
Advocating for the individual's rights can also be a valuable form of support. This may involve helping them navigate legal proceedings or advocating for their accommodation in the workplace or other settings.
Pursuing a Traumatic Brain Injury Lawsuit
If you have suffered TBI due to someone else's actions, it is essential to consult with a personal injury lawyer as soon as possible. They can help you determine the best course of action for seeking compensation and guide you through the legal process.
It is important to note that time limits, known as statutes of limitations, apply to personal injury lawsuits. These time limits vary by state and can range from one to six years. If you do not file a lawsuit within the statute of limitations, you may lose your right to seek compensation. Therefore, it is crucial to act quickly and consult with a lawyer who can help you assess your options.
In addition to time limits, personal injury lawsuits also require sufficient evidence to prove negligence and damages. This evidence may include medical records, witness statements, and expert testimony. A skilled personal injury lawyer will have experience gathering this evidence and presenting it effectively in court.
If successful, a traumatic brain injury lawsuit can provide compensation for medical expenses, lost wages, and pain and suffering. It can also hold the responsible party accountable for their actions and bring attention to the issue of TBI.
Tips for Working with an Attorney on TBI Claims
Dealing with the aftermath of a traumatic brain injury (TBI) can be overwhelming, to say the least. In addition to dealing with physical and emotional challenges, you may also be facing financial burdens due to medical bills and lost wages. Partnering with a personal injury lawyer who has experience with TBI cases can help alleviate some of this stress.
When working with an attorney on a TBI claim, it's important to communicate openly and honestly. Your lawyer needs to understand the full extent of your injuries and how they have affected your life. Be prepared to share medical records, photos, and any other evidence that supports your case. Your lawyer will also need information about the circumstances surrounding your injury, so be sure to provide a detailed account.
In addition to providing evidence and information, it's important to trust your attorney's expertise.
But how can you find the right attorney for your TBI claim?
At Kevin McManus Law, we specialize in representing individuals who have suffered traumatic brain injuries due to the negligence of others. Our team has a deep understanding of the complexities involved in these cases and can provide compassionate and effective legal representation.
You don't have to go through this alone.
We know that navigating a TBI claim can be overwhelming, which is why we offer a free consultation to discuss your case and answer any questions you may have. Our goal is to help you recover the compensation you deserve for your injuries and hold those responsible accountable for their actions.
Do not hesitate to reach out if you or a loved one has suffered from TBI. Our traumatic personal injury attorney is here to support and guide you through the legal process, ensuring that your rights are protected every step of the way.
Contact us at 816-203-0143 or by using our contact form online to schedule your free consultation and let us fight for the justice and compensation you deserve.
