Accident victims and their loved ones in Indiana and Illinois often face a lifetime of challenges when brain trauma is involved. Traumatic brain injuries (TBIs) are the result of bodily harm from external force, from falls on a construction site to motor vehicle accidents to an industrial struck-by incident on a loading dock or factory floor. TBIs happen more often than many may realize. Consider this: according to the Centers for Disease Control and Prevention (CDC), 166 TBI victims died from their head trauma injuries every single day in this country during the calendar year 2019.
Death from a head injury sustained in an accident, particularly one caused by the neglect of another, is a heartbreaking tragedy. However, for those who survive there is another form of heartbreak: they will be forced to deal with mental, psychological, and physical disabilities that can alter both how they are able to hold a job and earn a living as well as their ability to sustain personal and professional relationships. The CDC warns that TBI victims may experience personality changes, where the TBI accident victim’s perceptions, attitudes, and beliefs may be vastly different. The TBI victim may also have a limited range of bodily functions and face a future of disability.
The Brain Injury Association of America (BIAA) confirms there are over 5,300,000 TBI victims living in the United States today who are forced to deal with the dire realities of a permanent TBI-related disability. As the BIAA warns, this tallies to one in every 60 Americans.
March 2022: Brain Injury Awareness Month
This month, safety agencies and advocates of accident victims and their families join in the annual Brain Injury Awareness campaign sponsored by the BIAA during March 2022. Under the banner of “#MoreThanMyBrainInjury,” the hope is to:
- increase understanding of brain injury as a chronic condition;
- reduce the stigma associated with having a brain injury;
- showcase the diversity of injury and the demographics of the community; and
- improve care and support for individuals with brain injury and their families.
One of this month’s campaign goals is helping TBI victims “…to tell their own stories and change the narrative of their lives.” In doing so, the general public will have a greater understanding of the long-term consequences felt by the brain injury victim and their families and friends, and hopefully this will build greater community compassion. A toolkit has been provided at the BIAA website.
Another important goal of this year’s Brain Injury Awareness campaign involves spreading the word about current legislative issues before state and federal lawmakers that serve to help TBI victims and their loved ones. This involves BIAA hosting a “virtual summit” on Capitol Hill on March 16, 2022, alongside the National Association of State Head Injury Administrators and the Congressional Brain Injury Task Force.
Complexities of Rehabilitation for TBI Accident Victims
After an accident and its immediate medical care and treatment, the traumatic brain injury victim will need to be individually evaluated to identify their particular rehabilitation needs. With a goal of maximizing the patient’s ability to move forward in life as independently as possible, a detailed and specific rehab program will be developed between the patient, family members, and health care providers. Input may be necessary from experts that include neurologists; neuropsychologists; physiatrists; therapists (physical, speech); and vocational rehabilitation counselors.
These rehabilitation programs can be time-intensive, open-ended, and extremely expensive. TBI accident victim rehabilitation can include things like:
- Hospital in-patient rehabilitation program (“Acute Rehab”)
- Long-term rehabilitation program in a facility (“Comprehensive Rehab”)
- Out-Patient rehabilitation program during the weekday (“Day Treatment”)
- Particularized care for comatose TBI victims (“Coma Treatment”)
- Residential rehabilitation facilities for TBI victims who are not able to live independently (“Long-Term Care Programs”)
- Residential rehabilitation programs where the TBI victim learns independent living and community reintegration (“Transitional Living”).
The Need for Increased Access to Patient Rehab Care for TBI Accident Victims
One of the BIAA’s legislative discussions this month will involve the need for better access to vital rehabilitation services for the traumatic brain injury victims in this country.
As the BIAA explains, many TBI victims face “barriers to access” after they have received immediate life-saving medical care and treatment and are ready to progress to the step of rehabilitation. BIAA urges a dedication by lawmakers to help TBI victims obtain needed rehabilitation services, as well as rehabilitation devices, at every level of medical care and treatment.
Barriers can mean TBI accident victims are not able to get devices (e.g., wheelchairs) when they are needed, as well as not being able to get necessary treatment from a health care provider. Of importance, current insurance coverage (e.g., Medicare, Medicaid, Tricare) may not provide sufficient assistance to help.
Claims for Justice for Traumatic Brain Injury Accident Victims and their Families
Traumatic brain injuries can be caused in a wide variety of incidents, from on-the-job accidents to semi-truck crashes, motorcycle collisions, or the negligent supervision of sporting activities. The TBI victim has a right to investigate the incident where they suffered head trauma in order to determine if legal liability for their bodily injuries exists with one or more parties whose breach of a legal duty of care and safety has caused the harm.
Legal claims for justice may be available to the traumatic brain injury victim based upon workers’ compensation, wrongful death, defective products, respondeat superior, and/or negligence which will provide financial recompense not only for their emergency medical expenses but their long-term and perhaps lifetime needs for rehabilitative care. In some situations, federal law may establish analogous legal protections for the TBI accident victim.
When a traumatic brain injury is the result of another’s wrongdoing, then legal protections may provide the TBI victim with financial support for rehabilitation needs based upon settlement negotiations or jury verdict.
For more, read:
- The Fight Against Protecting People from Concussion and Brain Injury (TBI)
- Tracy Morgan Case: The TBI Victim’s Long, Hard Fight for Justice
- March is Brain Awareness Month: Do You Know Your Risk for TBI?
- Kerry Kennedy Car Crash Helps Educate on Reality of Seizures Risk After Brain Injury: Even Mild or Minor Head Injury Can Cause Seizures or Epilepsy
- Catastrophic Injury Accidents: Special Legal Protections for Victims and Families in Indiana and Illinois
- What are Catastrophic Injuries? Severe Bodily Harm Suffered by Accident Survivors in Indiana and Illinois
March 2022 is Brain Injury Awareness Month and we support the efforts to educate and inform the general public about the needs of TBI victims through this year’s “#MoreThanMyBrainInjury” campaign. Please be careful out there!
