Get the compensation you need after a traumatic brain injury
You were in an accident and suffered a blow to your head. Maybe it was whiplash. Maybe you had a concussion. If it’s severe enough, a traumatic brain injury (TBI) can have lasting impacts on your memory, concentration, mood, sleep, vision, hearing and more.
Your TBI 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 get back to your life.
Here are two ways you — or a loved one — can get financial relief:
- Personal injury. 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 because of your injury, you could get monthly benefit checks from Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
The attorneys at Morgan, Collins & Yeast can help you with both kinds of cases.
Can I file a personal injury lawsuit?
If you believe someone should be held responsible for your injury, it’s important to contact a lawyer immediately.
Because brain injuries are often complicated, it’s important to build a strong case that shows exactly what caused your injury.
Personal injury lawsuits often use negligence as their legal basis. To prove your negligence case, 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 measurable injury in the eyes of the law.
To ensure you have the evidence necessary to show the connection between the defendant’s actions and your injury, it’s crucial that you speak to an attorney immediately.
The more time to develop proof, the better your case will be.
If you believe someone was responsible for your TBI, it takes Kentucky Courage™ to fight for the maximum compensation you deserve.
Do I Qualify for SSDI or SSI?
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 will talk to you and take a look at the specifics of your situation at no charge.