The brain is responsible for so much of what we do- it is the most crucial organ in our body. It helps regulate our mood, senses, and thoughts- but does that mean it is immune to injury? Sadly, brain injuries are more common than you may think and can cause a great deal of stress to the person suffering from symptoms and those around them.
There are crucial steps one should take to ensure that the claim process is handled in the best possible manner. It is important to understand how it works and what you are entitled to when your loved one has been diagnosed with a brain injury. The brain injury claim process has several steps and is a complex situation to navigate, but we can help.
Step 1: Understand What Your Loved One Has Gone Through
The first thing you should do when your loved one has suffered a brain injury is to understand the type of injury that they have suffered. Brain injuries may be caused by a number of things including an automobile accident, fall, or birth trauma. There are also a number of rare types of brain injuries that can also occur (i.e., meningitis, coma, etc.)
Step 2: Gather Proof
The next step is to gather evidence to prove the severity of the injury and the time frame in which it occurred. You should have copies of your family member’s bills, medical files and any other medical records related to their condition. These will help you document their symptoms, treatment from doctors and hospital visits- as well as any caregiver duties you have performed.
Step 3: Find a Lawyer
Financially speaking, you may need to hire a lawyer. Brain injuries are complicated, and in many cases, the responsible party has deep pockets and the financial resources to drag out a lawsuit for years. Hiring a lawyer early on can help you protect your family from financial obligations later on down the road. A brain injury lawyer can help you deal with insurance companies and ensure that your loved one is compensated appropriately.
Step 4: File the Claim
Once you have gathered all the information necessary, you can file the claim. You may have to file suit against the at-fault party and request a number of monetary benefits. Attorneys working on your behalf will help you collect evidence and find experts that can offer testimony concerning your loved one’s condition. Depending on what the case entails, there may be a number of additional benefits and costs that you will incur as a result of the injury.
Step 5: Follow Up with Payments
After you have filed the claim, you will need to track payments for your family member. The law requires that you follow up after six months and make sure that payment has been made- you will be required to pay a percentage of damages as well as court costs. If this action is not taken, you may have to pay penalties and fines.
Brain injuries can be emotionally and physically taxing on all parties involved. The process of filing a claim can be financially costly and time consuming, but it is important to ensure that you are following the correct steps that the law has laid out. The American Bar Association will help you find an attorney who is familiar with brain injury cases and has experience with the various requirements of a brain injury claim.