A traumatic brain injury is an event that can cause a person to experience physical, mental, or emotional trauma. A TBI may be caused by accidents, assaults, and other events. An attorney can help people who suffer from TBIs by determining if they are eligible for benefits under the Illinois Workers’ Compensation Act. This act provides medical treatment and wage replacement for those injured on the job.
It is important that people with TBIs and their families discuss their injuries with an attorney as soon as possible because this will allow them to receive the immediate attention needed after suffering a traumatic brain injury. This article discusses three ways attorneys can help individuals who have suffered a traumatic brain injury.
Help With Guardianship and Conservator Proceedings for Adult Brain Injury Survivors
Attorneys can help with the process of appointing a guardian or conservator for brain injury survivors who are adults. This is usually necessary when the person cannot make decisions about his or her own personal care or finances. For example, a judge may appoint an attorney to represent the adult brain injury survivor if he or she cannot pay bills or buy food on his or her own.
The process of appointing a guardian for an adult brain injury survivor is complex because it involves following certain rules and procedures that are overseen by the court system. A New Jersey brain injury attorney can help with this process by ensuring that all proper procedures are followed. Attorneys can help individuals with TBIs and their families by explaining this process, including alternatives to guardianship and conservatorship.
When applicable, attorneys will attend court hearings to represent clients in requesting that someone is appointed as guardian or conservator of the adult who has TBI. This includes petitioning the court to appoint someone, conducting an investigation into the individual’s background, and helping them understand all proceedings that will take place.
Attorneys Can Help With Settling Workers’ Compensation Claims
Attorneys can help people who have suffered a traumatic brain injury (TBI) to receive the workers’ compensation benefits they deserve. After a TBI, many people will experience a decrease in their ability to function and perform daily activities. This may mean a reduction in income for a worker, which might not be covered under other types of disability insurance.
When it comes to getting the compensation they are due, brain injury victims need lawyers who can help them successfully negotiate with insurance companies to ensure that their benefits claim is handled competently and correctly. Therefore, it is important to make sure workers’ compensation provides for all of the necessary expenses. An attorney can help ensure that a person’s claim for benefits is fully evaluated and documented.
Attorneys Can Help With Third-Party Claims
When someone experiences a TBI because of the negligence or wrongdoing of another person or entity, they may be able to file a third-party claim. Third-party claims are filed against the people or businesses that were at fault for the brain injury. In many cases, these individuals will have already dealt with their own insurance providers and settled their disputes.
In other situations where they did not settle, they may face a lawsuit from their insurance provider because it is no longer responsible for the costs associated with their care. These situations can be confusing and stressful, so it is best to contact an attorney who has experience handling third-party claims. An attorney may be able to negotiate on behalf of a client and help him or she receives compensation from liable parties.
Secure Witness Statements and Contact Information For Later Use
When someone is seriously injured, the last thing on their mind might be giving a witness statement. However, as time passes and brain injuries affect memory, it becomes more difficult to piece together details about an accident or event that caused those injuries. Therefore, it is important for those who have been injured to speak with an attorney as soon as possible after their injury.
An attorney can work quickly to secure the necessary witness information and statements from those involved in the accident to use as evidence, later on, should a claim need to be made. After an injury, attorneys might need to revisit witness statements in order to ensure that clients are able to receive the compensation they deserve. Working with an attorney helps brain injury victims get help when they need it most. Additionally, attorneys can provide this information and contact information to their clients so that they will have everything they need should the information be needed in the future.
After someone suffers a traumatic brain injury (TBI), he or she may not think about working with an experienced lawyer for support. However, attorneys can provide invaluable assistance more than you can imagine and you would do well to reach out to them.