Navigating the Legal Pathway: A Comprehensive Guide to Securing Compensation for Brain Injury Rehabilitation

We can guide you as you seek treatment and compensation for your brain injury

Explore our in-depth guide on securing compensation for brain injury rehabilitation. Understand the legal processes, insurance claims, and how The Dressie Law Firm can assist you in this crucial journey.

ezgif.com webp to jpg (3)
ezgif.com gif maker
aaforjusticelogo 1920w

 How To Get Compensation for Brain Injury Rehabilitation

The brain is the human body’s powerhouse and controls a person’s bodily functions. When the brain is injured or impaired in any way, it can change everything about the victim quickly.

Brain injuries can lead to loss of consciousness, memory loss, and even death, depending on their severity. In many cases, victims may recover fully or substantially with immediate medical treatment and brain injury rehabilitation. These medical interventions typically require a huge financial commitment, which the victim may be unable to afford. However, there may be a way out for those whose injuries were caused by the actions of others.

If you or your loved one has suffered a brain injury due to another’s actions and the injury requires ongoing rehabilitation, you may be able to recover the cost of brain injury rehabilitation and other related expenses from the responsible party. This guide explains the basics of personal injury compensation claims in such circumstances and possible sources of compensation depending on the nature of the injury.

Our personal injury lawyers at The Dressie Law Firm also have extensive experience in brain injury cases. We can protect your interests and legal rights as you seek compensation for your injuries. Contact our law office today to learn how we can help your case. In the meantime, please read further to learn more.

    Types of Brain Injuries

    There are two broad categories of brain injuries: traumatic and non-traumatic brain injuries.

    According to the Brain Injury Association, a traumatic brain injury (TBI) is a brain dysfunction or impairment caused by an external force or head trauma, such as a blow or jolt to the head. In contrast, Non-traumatic brain injury, also called acquired brain injury, occurs due to internal factors, such as a lack of oxygen, exposure to toxins, and pressure from a tumor.

    A common example of a non-traumatic brain injury is cerebral palsy, which is caused by oxygen deprivation during birth. If a medical professional caused the oxygen deprivation in such a case, the parents of the affected child may sue them for medical malpractice, which is a type of personal injury claim. Our Atlanta birth injury attorney can help those in such situations explore the legal options for securing compensation for the damage done to their child.

    What Is Brain Injury Rehabilitation?

    According to the Brain Injury Association of America, brain injury rehabilitation ” involves channeling the body’s healing abilities and the brain’s relearning processes” to help a person suffering from a brain injury “recover as quickly and efficiently as possible.”

    During the rehabilitation process, the individual may have to learn new ways to function to compensate for any permanent disability due to their brain injury.

    Because no two brain injuries are alike, the rehabilitation process is also different for each brain injury victim. But the program may generally include;

    • Physical therapy

    • Psychiatric care

    • Pain management

    • Occupational therapy

    • Speech therapy.

    In severe cases, injured victims may require medical attention and caregiver assistance for the rest of their lives. Securing compensation for brain injury rehabilitation can help to take care of the cost of such care and help the victim live out the rest of their lives in dignity.

    Your Right to Compensation as a Brain Injury Victim

    As a brain injury victim, you can get compensation for your injuries if they occurred because 

    • Someone else owed you a legal duty of care to ensure your safety or well-being and

    • The person failed in that duty by their actions or omissions.

    Once these elements are established, you can get financial compensation that covers your medical bills, including the cost of rehabilitation, lost wages, emotional distress, and other damages.

    However, the journey to securing compensation could vary depending on the specific type of personal injury case your brain injury claim falls under, as explained below.

    Compensation for Work-Related Brain Injury Rehabilitation

    Work-related injuries in Georgia are compensated via the workers’ compensation process by the injured party’s employer or the employer’s workers’ compensation insurance company. Under the workers’ compensation process, injured workers are entitled to weekly benefits to compensate for their lost wages and other financial costs due to their injuries.

    By the Georgia Code, the employer must also provide rehabilitation services if the injured person sustains a catastrophic injury. Severe brain injuries are included in the statutory definition of catastrophic injuries, which means that workers’ compensation would likely cover your brain injury rehabilitation.

    If the employer fails to provide or select a rehabilitation provider where necessary, the State Board of Workers’ Compensation will appoint one at the employer’s expense.

    So, while you cannot get monetary payments for your work-related brain injury rehabilitation, you can get access to fully paid rehabilitation services under the workers’ compensation system.

    Compensation for Brain Injury Rehabilitation for Injuries Caused by a Motor Vehicle Accident

    Auto accident injuries caused by another driver are usually compensated by the at-fault driver’s auto insurance company. You’ll need to file a claim with the insurance company to get compensation and provide evidence that documents your medical expenses and other damages you suffered.

    Because rehabilitation is an ongoing process, you’ll also need to consider your future medical expenses when filing an insurance claim so you don’t shortchange yourself.

    For the best results, you’ll need to work closely with your medical treatment or rehabilitation provider and your personal injury attorney to ensure that your rehabilitation needs and estimated expenses are fully documented and incorporated into your claim.

    Compensation for Brain Injury Rehabilitation in Other Types of Personal Injury Cases

    In other cases, you may need to file a personal injury lawsuit to secure compensation for your brain injuries. This applies if your case involves

    • A premises liability claim against the owner/occupier of the premises where your accident occurred.

    • An accident that occurred at work which was caused by a third party unrelated to your employer

    • A motor vehicle accident claim in which you disagree with the amount offered by the insurance company or in which the at-fault driver is uninsured.

    In such cases, compensation for brain injury rehabilitation could be claimed as medical expenses recoverable as economic damages. However, because rehabilitation is not a one-off procedure, it is important to properly assess and anticipate future costs and incorporate them into your claim. Again, you’ll need to work closely with your medical provider and personal injury lawyer to ensure that you have the documents required to prove your claim and get the compensation you deserve.

    Contact Our Experienced Attorneys at The Dressie Law Firm for Help 

    Your chances of recovery and adjustment after a brain injury likely depend on your ability to get quality medical treatment and rehabilitation. It may be difficult for you to afford these services on your own; that’s why it is crucial to pursue your personal injury claim and get compensation if someone else is responsible for your injuries.

    Our capable personal injury lawyers at The Dressie Law Firm can help you pursue legal recourse for your brain injury rehabilitation and other immediate and future expenses stemming from the accident.

     Contact us today for a free consultation and legal representation in your brain injury case. Let us assess your case and help you determine the next steps toward getting you the maximum compensation and benefits possible.

    The Dressie Law Firm Can Help You

    If you or a loved one is a victim of a reckless or negligent driver, we want you to know that the law is on your side and so is the Dressie Law Firm.

    Contact us today to schedule your free consultation!