For those who are seriously injured in an accident here in Indiana or Illinois and face life-long disabilities due to a traumatic brain injury, there is the advantage of having one of the top medical research facilities in the country right here at the Indiana University School of Medicine.
In fact, the Indianapolis medical school acknowledges that it is “… a national leader in the research, diagnosis, treatment and rehabilitation of traumatic brain injuries.”
The faculty works toward advancing the treatment and recovery of those suffering from traumatic brain injuries. Right now, for example, they are asking for TBI-victims of all ages and health levels to participate in TBI-related clinical trials at their Indianapolis campus. Those interested can go here for more details.
Getting the best care possible for those suffering from a traumatic brain injury can make all the difference in their quality of life in the short term and their chances of recovery and a return to a normal life in the long term.
Of course, the costs of medical care and treatment as well as things like psychological counseling and physical rehabilitation can rise quickly.
Financial Help for Victims of Traumatic Brain Injury
Dealing with the aftermath of a traumatic brain injury is financially overwhelming for most TBI victims and their families. How can the medical costs be covered when they are so expensive? What happens when the family breadwinner is the victim of the traumatic brain injury?
Many TBI victims can look to government programs for financial help, regardless of the cause of their injuries. For instance, victims of a serious brain injury may be able to get financial assistance from the federal government. Programs like Supplemental Security Income (SSI) and Social Security Disability Income (SSDI) may be available to aid TBI victims and their families.
Both Indiana and Illinois offer financial assistance as well, through a variety of state and local government programs. One example is the State of Indiana’s TBI Waiver for Medicaid, creating eligibility for anyone of any age who suffers from a TBI and has need of a nursing facility level of care.
There are also advocacy and non-profit organizations that can provide financial support to victims of traumatic brain injury. Support groups like the Brain Injury Association of Indiana can provide more information.
For those who have suffered head trauma and a resulting traumatic brain injury due to the wrongdoing of another, there are other sources of financial support besides government programs and non-profit agencies to deal with the expenses of care and treatment for the TBI Victim.
If the victim can establish a legal claim for damages under state or federal law, then the wrongdoer can be held financially responsible to cover the TBI victim’s past, present, and future medical needs (as well as other damages for both the victim as well as his loved ones).
TBI Victim’s Claims for Damages
For those who have been injured due to the wrongful or negligent conduct of another, there are legal rights that provide them with an ability to have their financial needs met by those responsible for what occurred. How the law will protect these victims depends upon the circumstances of their individual case.
The number of TBI Victims who have been harmed or killed due to the wrongful actions of another cannot be underestimated. For example, the Indiana University School of Medicine reports that 41% of all traumatic brain injuries are the result of a fall, and that 30% of all injury deaths correspond to a traumatic brain injury.
These TBI victims that survive the accident may be able to assert damage claims to cover:
- Medical expenses and costs (past, present, and future)
- Lost wages
- Lost earning capacity
- Pain and suffering.
Their loved ones may have claims as well, for things like loss of consortium or companionship. If the TBI victim has not survived the traumatic injuries, then there may be claims to assert based upon his or her wrongful death.
Fall Accident TBIs
As we have discussed in earlier posts, on the job accidents involving falls are serious dangers facing those working construction in Indiana and Illinois today. Almost half of all construction worker deaths on the job are the result of a fall.
For those that survive a serious on the job fall, their employer as well as other third parties (subcontractors, manufacturers, etc.) may be liable for damage claims brought by the TBI victim and his family. See:
- Construction Falls: Scaffolds and Ladders Can Cause Serious Accidents
- OSHA Targets Construction Workers Risk of Wrongful Death from Falls While Working on the Job
Motor Vehicle Accident TBIs
Another major cause of severe traumatic brain injuries are motor vehicle accidents, including those involving motorcycles or large commercial vehicles like semi-trucks, big rigs, and tractor-trailers. Both the truck driver is at a high risk of head trauma and TBI in the event of a crash, as well as any rig passengers and those who are in other vehicles involved in the collision. For more see:
- Fatal Motorcycle Accidents in Indiana and Illinois: How Great is the Danger?
- Sturgis Motorcycle Rally Begins Next Week: Motorcycle Safety Spotlight CDC Argues Helmets Reduce Risk of Brain Injury by 69%
- Rising Danger of Fatal Truck Crashes Clashing With Weakened Federal Regulation
TBI Wrongful Deaths
When someone dies as a result of a traumatic brain injury, there may be an action available to the deceased victim’s estate as well as his or her surviving spouse, children, etc. These claims can be filed under the Wrongful Death laws of Indiana and Illinois.
These state laws are not the same, and provide different kinds of benefits under different systems. For more, see:
- 10 Things to Know About Wrongful Death in Indiana Accidents
- Wrongful Death Laws: In Fatal Accidents, Who Should Pay for the Familys Legal Fees?
- Illinois Wrongful Death Statutes
- Indiana Wrongful Death
Justice for TBI Victims and Their Families in Indiana and Illinois
For those who suffer debilitating head trauma and face the life-altering consequences of a traumatic brain injury, the realities can be almost impossible to comprehend. Daily living can be a tremendous challenge. The duties involved in covering medical costs are overwhelmingly difficult to comprehend.
Various legal avenues exist for these accident victims, as well as their families. Each case must be investigated and assessed for its unique characteristics, to determine how best state and federal laws can help the TBI victim and his or her family.
Workers hurt on the job may have claims to assert against their employer under the state laws of Indiana or Illinois, for example. However, they may also have rights under specific federal laws if they are railroad workers or the job site is specific to a federal project.
Traumatic brain injury victims need a tremendous amount of financial assistance alongside their needs for compassion and support. As part of Brain Injury Awareness Month, let’s be aware of the stresses these victims can face, as well as the various legal avenues that can help them.
Traumatic brain injuries are a serious threat to everyone here in Indiana and Illinois. Please be careful out there!
