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How to Seek Compensation for a Traumatic Brain Injury

Updated on October 30, 2015

There are different demands for different kinds of jobs. Because of this, there are times when people may experience injuries while they are on the job. Injuries incurred while on the job need not always occur just within the premises of the employer’s building; it may also be those which are incurred while the person is out and about for company purposes like attending meetings or traveling for company functions.

Today, any job-related injury can get the just compensation for the injured person but not without legal proceedings. It is of great importance to make sure that the work-related accident is reported to the employer and that the employer agrees to provide the worker’s compensation benefits. One of the kinds of injuries which may be compensated for by employers is traumatic brain injury. Compensation for traumatic brain injuries may bring in a good sum of money which can cover hospital expenses and other personal damages which have been brought on by the injury. In some cases, even the family of the injured individual may get benefits from the compensation.

What is Traumatic Brain Injury?

Traumatic brain injury, henceforth referred to as TBI, occurs when a person experiences head trauma caused by physical injury to the brain. This kind of injury gets in the way of how a normal and healthy brain functions which therefore affects a person’s quality of life and ability to perform professionally. TBI is usually caused by physical events such as:

  • Vehicular accidents
  • Damage caused by explosions
  • Slip and fall accidents
  • Other kinds of unfortunate events which make physical and damaging contact to the brain

There are cases when a person incurs an injury but the symptoms manifest at a later time. Because of this nature of TBI, it may be harder to defend especially when the injuries were incurred on the job. A thorough investigation and understanding of TBI is necessary if one wishes to receive just compensation caused by TBI.

It may greatly affect a person’s quality of life and since TBI is most commonly caused by accidents, seeking compensation for something which would greatly affect a person’s way of life is something that the affected individual may do. TBI may affect anyone at any age, but depending on the nature of a person’s activities and physical engagements, the severity and possible compensation for TBI may vary. Read on to find out more about how TBI affects people and why seeking compensation for it is important.

Effects of TBI on Your Brain and Your Life

As previously mentioned, TBI symptoms may manifest later depending on the kind of injury incurred. The brain is a highly complex organ and being so, it does not heal like other injuries do. During the recover process, changes in behavior among other changes caused by damages to the different parts of the brain may be observed in the affected individual.

TBI affects several aspects of a person’s life such as their ability to properly function, their overall behavior, and their personality. Not only will the person who experienced TBI have a hard time dealing with the changes, their loved ones also have to adjust to the changes brought about by the injury.

Who Should You Go to for TBI Compensation?

When someone is seeking TBI compensation, it is a must to hire an experienced lawyer. However, it must be noted that not just any lawyer can do the job. An experienced TBI lawyer is the kind of professional you should go to for help. They have the knowledge and resources to help best defend your case and present a strong appeal to get the compensation you deserve. Working with an experienced TBI lawyer would be a great asset to gain just compensation from whoever caused the injury.

A TBI lawyer can help determine if a person does indeed have TBI and this would be done with the help of other professionals who are also experts in the field. Collaborative work with doctors such as neurologists or psychologists would also be essential to help determine the severity of the case. Doing so would help the TBI lawyer assess the figures needed for the compensation, or what should be demanded as a just compensation for the sufferer of TBI.

Before consulting a TBI lawyer it would be wise to ask for their experience in the field to have a better idea of the extent of their abilities. It would be best to work with an experienced TBI lawyer to make the most out of the professional’s services and help ensure that the TBI sufferer gets his rightful compensation after the TBI event.

What Can You Expect from TBI Compensation?

Each jurisdiction may be different and depending on your case, the areas covered by the TBI compensation may vary. This is yet another reason why having a professional TBI lawyer is a must to help ensure that a TBI sufferer would get as much as possible compensation they can get relative to the severity and effects of the injury to their life. Here are some of the most common aspects you can expect to be covered by TBI compensation:

  • Lost income – A person who suffers from TBI—immediately or even after some time after the injury—may lose productive time for work for his employer. Any income that a person was not able to make caused by the onset of the TBI can be justly compensated. Such “lost income” may cover time off from the job, money lost over having to change jobs, and similar cases. This can be computed based on the lost income and potential lost income which may be experienced in the future.

  • Medical expenses – All of the medical expenses spent for addressing a person’s TBI concerns can be compensated as well. A medical expert can be hired to compute for the future expenses for medical compensation and whatever has been spent will also be computed for.

  • Cost of care – The cost of care, assistive or otherwise which would demand other professionals to take care of the TBI sufferer, will also be covered by TBI compensation. Estimated amounts for the potential future costs will also be taken of.

  • Rehabilitation – Should a person lose the ability to do what he had been previously trained to do, TBI compensation may also extend to as much as covering rehabilitation and retraining expenses.

  • Concerns about the quality of life – A person suffering from TBI may experience physical pain, and apart from that, emotional and other kinds of suffering. Loss of a person’s quality of life resulting from TBI may be compensated for by monetary amounts once a medical professional can help attest the severity of pain and suffering that the TBI sufferer has to deal with.

There are even cases when the spouse of the TBI sufferer also gets compensation being the partner who goes through the ordeals with the other person. So much more goes into TBI compensation which is why finding a professional TBI lawyer to help you out with such a case should be considered.

Did you know about seeking compensation for traumatic brain injury cases before you read this hub?

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