Does Traumatic Brain Injury Qualify for Disability?

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A man with a brain injury rubs the side of his head in pain.Yes, if you can present enough evidence that your traumatic brain injury, or TBI, has caused you a permanent disability, you may qualify for disability payments. However, many disability claims are denied for various reasons, and submitting your application to the right agency is essential. People who received a TBI while at work will seek disability benefits through the worker’s compensation system in most circumstances. In the majority of other situations, you will go through the Social Security Administration.

How a Brain Injury Lawyer Can Help

A Georgia brain injury attorney can be crucial in getting your claim approved for several reasons:

Ensuring Your Application Has the Best Chance of Being Approved

Applying for disability involves submitting multiple forms, which can be complicated. Many people don’t know how to answer all the questions correctly or what documentation they might need to submit. Others may have difficulty navigating the SSA’s website. Getting everything filled out and submitted correctly can be hard enough if you don’t have a TBI disability that affects your concentration or memory, but even more difficult if you do.

A brain injury lawyer knows the ins and outs of SSA applications and will ensure your forms are filled out and submitted correctly. They will let you know any documents you need and offer assistance if you have trouble acquiring them. For example, they might review your case and determine that your application will be more robust with a letter from your doctor or more of your medical records. Your attorney will also stay on top of deadlines and communicate any additional requests from the SSA, such as further documentation requests.

Identifying Other Potential Sources of Compensation

If your TBI resulted in a permanent impairment significant enough to cause a disability, this is almost always a lifelong condition. Many people who become disabled from a TBI will need medical care or in-home assistance for the rest of their lives. They will also need a way to cover basic living expenses like rent and groceries if they cannot work.

If everything goes smoothly and you are approved for social security disability benefits (SSDI), these will be calculated based on your average indexed monthly earnings, or AIME, and your lifetime earnings before becoming disabled. Most monthly disability payments range from $800 to $1,800. For 2019, the SSA reported that the average monthly payment they distributed was $1,234, or a little more than $12,000 a year. For many people, SSDI benefits simply aren’t enough to support the basic needs of one adult, let alone pay for extensive medical and in-home care or support a family. As a result, you may need help figuring out how to pay for medical care and other necessities.

Exploring All Your Options

A TBI lawyer can help you explore other options for receiving compensation for your damages. They will look into the circumstances of your injury and determine if another party may have contributed and, if so, what insurance coverage is available. Even if you think your injury was simply bad luck, it doesn’t hurt to seek the opinion of a knowledgeable personal injury attorney. They may notice things about your case that suggest another party was to blame.

Here are some common scenarios in which you may be able to seek compensation for your brain injury:

  • Car accidents. Was the accident your fault? You might think this is always clear, but it isn’t in many cases. We’ve met people who believed an accident was their fault because they made a minor driving error, but when we looked into the accident, this mistake had nothing to do with causing the crash that caused their head injury. Other people may believe they were at fault because the accident report says so or they received a ticket, but those decisions are often made with limited information. Have a lawyer review your case before deciding not to pursue a claim with the other driver’s liability insurance policy. Additionally, your own insurance may cover some of your medical costs if you have a specific type of policy called MedPay, regardless of fault.
  • Falls. This is another major cause of TBI, especially in older adults. It’s easy to think that no one is to blame for a fall. Who hasn’t tripped over their own feet once or twice? But in many cases, we find that falls occur because of a hazard on the floor – a puddle, a rake, a garden hose, etc. Sometimes the property owner is liable for failing to address the hazard, especially if there is evidence that it was present for a significant time. Another common scenario is when a patient falls and hits their head in a hospital. The patient may tell us that it happened because they were dizzy or unsteady on their feet, but this often represents a failure of the hospital staff to identify the patient as a fall risk and take precautions. In such a case, the hospital might be at fault and we would make a claim on their liability insurance.
  • Firearm injuries and assaults. We’ve grouped these together because many firearm injuries are also assaults, but accidental gunshot injuries may also fall into this category. Frequently, we meet people who want to sue the person who shot or assaulted them. This is understandable, but it isn’t the best solution in many situations. You can sue someone for assault, but unless they’re incredibly wealthy, they won’t be able to pay the damages you’re likely to have after becoming disabled from a TBI. However, there may be other avenues for seeking compensation. If you were assaulted at a commercial property, such as a store or restaurant, the business may be liable for negligent security or failing to provide a safe environment for customers. In this case, we could pursue compensation from their business liability insurance.

How Much Compensation Do You Get for Traumatic Brain Injury?

It depends on the severity of your injuries and several other factors. If your lawyer finds sufficient evidence of another party’s negligence, you can seek damages for your past, present, and future expected medical expenses. This is important because many people who become disabled from a TBI will need continued care for the rest of their life. We always carefully estimate a client’s future costs because we never want you to go without healthcare or other assistance. You can also seek compensation for other damages, such as pain and suffering, lost income, and lost earning potential. Your attorney will review all potential damages with you and help you determine a reasonable figure to seek from the insurance company.

Find a Brain Injury Law Firm Today

Whether you are just beginning the disability application process, trying to appeal a claim denial, or need to know if a civil suit for negligence is possible, the CEO Lawyer Personal Injury Law Firm is here to help. Attorney Ali Awad and his team will investigate your case and identify all options to get you the compensation you deserve. Your initial consultation is free, and if we take your case, we won’t charge any fees until we secure your settlement.

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Frequently Asked Questions

After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!

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Help Negotiating with Insurance Carriers

To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.

Do You Have a Personal Injury Case?

The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.

Georgia's Personal Injury & Accident Firm

Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.

What to Expect From Your Initial Consultation With a Personal Injury Attorney?

During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process. Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today. We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.

Speak to an Experienced Personal Injury Attorney Today

If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.