Get the Compensation You Need after a Traumatic Brain Injury
You suffered a jarring blow to your body or head. Maybe it was whiplash. Maybe you had a concussion. If the result was a traumatic brain injury (TBI), it can leave lasting impacts on your memory, concentration, mood, sleep, vision, hearing and more.
Your TBI could change your life. It could mean you can’t work. Now you’ve got to worry about your injury—and about money.
You deserve all the compensation you need to rest, recover and secure your future.
Here are two ways you—or a loved one—can get financial relief after a brain injury:
- A Personal Injury Claim. If you believe someone is at fault for your traumatic brain injury, you could pursue a personal injury lawsuit against them.
- Social Security Disability. If you can’t work for the long term because of your injury, you could get monthly benefit checks from Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
The brain injury lawyers at Morgan, Collins, Yeast & Salyer look for every option to help you—also including a Workers’ Compensation claim if your injury happened on the job—so you get all the resources available to stabilize your life after a brain injury.
Can I File a Personal Injury Lawsuit for a Brain Injury?
Direct head wounds can cause brain injuries. So can severe jolts to other parts of the body that make your brain bounce inside your skull.
If you believe someone should be held responsible for your injury, contact a lawyer. Brain injuries are complicated, and for a personal injury claim you’ll need a strong case showing exactly what caused your injury.
Personal injury lawsuits rely on proving negligence. You must show that:
- The defendant owed you a duty of care (the law required them to be reasonably careful).
- The defendant failed to exercise reasonable care toward you.
- The defendant’s failure to exercise reasonable care caused your injury.
- You suffered a measurable injury in the eyes of the law.
To ensure you have the evidence needed to show the connection between the defendant’s actions and your injury, it’s crucial that you speak to a brain injury attorney immediately.
The more time you allow to develop proof, the better your case will be.
After a TBI, it takes Kentucky Courage™ and West Virginia Values to fight for the maximum compensation you deserve.
Do I Qualify for SSDI or SSI with a Brain Injury?
In October 2016, the Social Security Administration (SSA) added traumatic brain injury to its list of impairments qualifying for Social Security Disability benefits.
To qualify, you must demonstrate that, for at least three months after your injury, you suffered one of these problems:
- The inability to move two extremities, “resulting in an extreme limitation in the ability to stand up from a seated position, balance while standing or walking, or use the upper extremities.”
- Marked limitation in physical functioning and limitation in one of the following areas of mental functioning:
- Understanding, remembering or applying information
- Interacting with others
- Concentrating, persisting or maintaining pace
- Adapting or managing oneself
If your TBI did not leave lasting physical problems but instead caused neurological damage, you may still qualify for disability under the criteria for neurocognitive disorders.
Every TBI case is different. Social Security recognizes that, so if it denies your initial claim, the SSA might reconsider it in six months.
If an SSA claims examiner finds your injury doesn’t match a specific impairment, they’ll still assess how your symptoms are affecting your ability to function.
They’ll consider whether you could do your previous job—and whether you could do any other job.
Morgan, Collins, Yeast & Salyer will listen to you and take a look at the specifics of your situation at no charge.
Work with an Experienced Brain Injury Attorney
Brain injuries can trigger long-term changes in your life, including the way you behave. You may have less self-control and lower capacity to be caring toward other people. It can damage your relationships. It can leave you in need of constant supervision.
The costs, both emotional and financial, are high.
Some resources are available through programs like the Kentucky Traumatic Brain Injury Trust Fund, but people often find they need financial help beyond what’s offered by the state.
When everyday, individual people are hurting, the brain injury lawyers at Morgan, Collins, Yeast & Salyer step up to help you reach better circumstances.