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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
December 28 - Newsblog #15
In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
January 11 - Newsblog #17
In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
January 31 - Newsblog #20
In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
February 8 - Newsblog #21
In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
March 1 - Newsblog #24
In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision
March 22 - Newsblog #27
In the News: Indiana House Passes Long Term Care Protections Bill
April 5 - Newsblog #28
In the News: Slip-and-fall Victim Wins Right to Sue Dollar Tree
April 12 - Newsblog #29
In the News: Inspection Report Shows Vets Harmed at 52 Nursing Homes
April 19 - Newsblog #30
In the News: Sandwich Diversion Causes Fatal Two-semitrailer Crash
April 26 - Newsblog #31
In the News: Does Premises Liability Cover Goose Attacks?
May 10 - Newsblog #32
Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
May 17 - Newsblog #33
In the News: Barrel Blast Triggers Wrongful Death Lawsuit

AFTER TRAUMATIC BRAIN AND SPINAL CORD INJURIES, RECOVERY IS FAR FROM SIMPLE

Traumatic brain injury

The central nervous system, consisting of the brain and the spinal cord, is the command center for the human body. The spinal cord is essentially the ‘motorway’ that is involved in the co-ordination of the body’s movement, with signals carried from body parts to the brain relating to heat, cold, pressure, pain and the position of your limbs. Each year, traumaticbraininjury.com tells us, approximately 12,000 new cases of spinal cord injuries are reported in the US. Of those 12,000 new cases, fewer than 1% of persons experience complete neurologic recovery by the time they are discharged from the hospital and over 87.7% of persons once discharged will be sent to a private, non-institutional residence, most likely their home. 5.9% of injured persons will be discharged to a nursing home and others will be discharged to hospitals, group living situations or other destinations for continued care.

As personal injury attorneys, we are called upon to deal with the health care and living expenses for persons who have sustained a spinal cord injury. If your spinal cord injury was caused as a result of actions performed by other persons, you can file a lawsuit to recover your medical expenses and to provide for continuous care. But that in itself is far from a simple matter. A civil lawsuit requires gathering:

  • medical records
  • witness statements
  • physical evidence
  • investigative research

Remember, a civil lawsuit is about financial recovery. And, in the case of a traumatic brain or spinal cord injury, in addition to the actual medical costs, expenses are likely to include:

  • extended hospital stays
  • visits to rehabilitation centers
  • doctors’ visits
  • wheelchairs
  • vans
  • medical supplies
  • prescriptions
  • psychological or trauma counseling
  • caregiver expenses

According to the National Spinal Cord Injury Statistic Center, 41.3% of spinal cord injuries occur as a result of motor vehicle crashes. In addition to those who die at the scene of the incidents, there are 17,700 new SCI (spinal cord injury) cases each year. (Half of those injured were employed before the accident, and lost wages become a key part of the financial recovery effort.)  But, if a person is no longer able to work, where will all the money come from to pay for the many expenses?

What about insurance?  The other drivers involved in the accident may have responsibility to compensate you for injuries and losses.  If the drivers do not have auto insurance, you may be able to receive benefits from your own policy through the uninsured motorist provisions of your own auto insurance policy. Once those benefits are exhausted, your health insurance carrier (perhaps from your employer) will pay bills. If you have a short-term and/or long-term disability insurance policy (either through an employer or your own policy), benefits may be available through that carrier. The drivers involved in the accident may have some responsibility to compensate you for injuries and losses.  If those drivers do not have auto insurance, you may be able to receive benefits from your own auto insurance policy through the uninsured motorist provision.

What about government benefits?  You may be eligible for insurance benefits through Social Security, Medical Assistance and/or Medicare.

Remember my pointing out that recovery isn’t simple? Catastrophic automobile accidents may be caused by drivers, by the vehicle, the roadway, or some combination of these factors, so part of our task as attorneys is to effectively investigate and analyze each of these factors.

One big part of the legal challenge is the fact that the damage from a traumatic brain or spinal cord injury may not be immediately apparent. As healthprep.com points out, an accident victim might experience delayed sensory issues and be unable to interpret the world around them in the correct way. A person with sensory problems might have trouble understanding touch, temperature, and limb position. People might experience problems with their depth perception and have difficulty judging distance, and show an intolerance to light.

It’s important to understand the legal theory on which your case will be based, explains Nolo.com. Most brain injury lawsuits are based on a legal theory called negligence. A negligence claim requires the person bringing the lawsuit prove that someone else’s bad driving, or the manufacturer of defective automotive equipment was responsible for the injury. Not every doctor who examined an accident victim shortly after the incident may be knowledgeable in traumatic brain injury; not every personal injury attorney is experienced enough to help obtain the necessary expert medical opinions and go up against a big insurance company with its team of lawyers.

As personal injury attorneys in Indiana, our mission is to help sufferers of traumatic brain and spinal injuries get the compensation they need – if indeed some other person or entity can be proven liable.  For us, it’s not just about the money, but about helping injured people put their lives back together.

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