If you or a loved one is living with lasting effects from a traumatic brain injury (TBI), it might be possible to file for and receive disability benefits of some type. This could include workers’ compensation benefits, Social Security Disability Insurance (SSDI) or private disability insurance if you have such coverage.
You could also recover compensation in a third-party lawsuit under some circumstances. Our Long Island brain injury lawyer will handle this type of case for you in New York or on Long Island. Learn more today during a free consultation with our team.
Disability Benefits for Traumatic Brain Injuries
Head injuries cause a wide range of physical, cognitive, and emotional concerns for victims. They could make it difficult or impossible to return to the workforce during an extended recovery period or for the rest of their life. Some victims require ongoing care and support or even long-term nursing care.
When this occurs, the victim will have high care costs, and ongoing expenses, and cannot work to help pay bills. Disability benefits, if available, are a good option for covering many of these expenses.
Social Security Disability Benefits
Social Security Disability Insurance is a disability program for workers who suffer injuries that prevent them from working and earning a living. The injured party files an application that includes the contact information for their doctors. A disability examiner from Disability Determination Services will review the application and see if their medical condition qualifies for benefits.
Some qualifications include:
- The TBI prevents the injured party from working, known as engaging in substantial gainful activity (SGA)
- The TBI disallows the work they did previously and other work
- The condition has lasted or is expected to last for at least one year
- The applicant or a loved one has worked enough to meet the qualifying criteria
It is not unusual for qualifying applicants to receive a denial initially. They appeal this decision and eventually get approval.
Other Types of Disability Benefits
Some people might qualify for temporary or long-term disability through their workers’ compensation insurance if they were hurt at work, too. These benefits vary based on the policy and circumstances of the head injury.
If you have a difficult time getting workers’ compensation benefits or run into problems with your SSDI application and navigating the claims process, hiring a lawyer who handles these cases might make the process easier.
While our firm focuses on third-party claims, that is, claims against parties other than an injured worker’s employer or fellow employee, we work with a network of attorneys who concentrate their practice on and have a decades’ long record of success in Workers’ Compensation and Social Security Disability claims.
Many TBI Survivors Also Qualify for Compensation Via a Personal Injury Lawsuit
When someone suffers a traumatic brain injury or other serious harm because of another person or entity, New York law often allows them to hold the at-fault party accountable. This means they are able to pursue and recover compensation in addition to filing for and receiving disability, whether through SSDI or their employer’s coverage.
A personal injury case might be possible when another party caused the victim’s accident and TBI. This could include many accident types, such as:
- Bicycle accidents
- Construction site injuries
- Motorcycle accidents
- Car accidents
- Truck accidents
- Slip and fall injuries
Recoverable Damages When You File a Brain Injury Lawsuit
The recoverable damages in these cases include many expenses and losses, including non-economic losses unavailable through workers’ compensation benefits or other disability compensation.
Each case is different, and any settlement or court award depends on the victim’s unique expenses and losses. Common types of recoverable damages include:
- Medical bills, including future care costs
- Income losses
- Reduced earning capacity for long-term TBI symptoms
- Other miscellaneous expenses with receipts
- Pain and suffering and other intangible damages
How Will a Lawyer Help If You Are Disabled From a TBI?
A personal injury lawyer helps with all aspects of your compensation case. They will assess your options for seeking a payout to determine if you have a third-party claim. For example, a lawsuit is not always possible since you cannot sue your employer or a coworker for an on-the-job injury.
Most personal injury lawyers provide free consultations to help you determine your rights. Our team will assess your case and explain the services our lawyers provide to help you. When you hire our team to handle your case, they will:
- Keep you updated on your case
- Identify the potentially liable parties
- Communicate with all parties for you
- Gather evidence to build a compelling case
- Determine a value for your case
- Fight relentlessly to win the best possible case outcome for you
A lawyer will help you understand your legal options and pursue the money you need and deserve based on the case facts. This could include fighting for your workers’ compensation disability benefits or handling your personal injury case. Some law firms also represent clients who struggle to get approved for other types of disability benefits, including Social Security Disability Insurance or Supplemental Security Income (SSI).
How Will a Personal Injury Lawyer Handle Your Case?
Most successful personal injury cases reach an appropriate settlement based on negotiations. The at-fault party’s insurance carrier and the victim or their lawyer negotiate a settlement based on the expenses and losses the victim incurred.
If a lawsuit is necessary, your lawyer will prepare the paperwork and file it in the appropriate court before the deadline arrives. This deadline is most often set et by New York Civil Practice Laws & Rules § 214 and limits how long you have to begin legal action. (Different statutes of limitations and other deadlines may apply to your case. We suggest you call us for a free, no-obligation consultation and we will patiently and comprehensively review your options and time-limits.) If you contact an attorney quickly after your accident or have a trusted family member make the call, your personal injury lawyer will protect your right to sue.
Symptoms of TBI That Could Entitle You to Compensation
If you are suffering from a TBI, you might experience the following symptoms. We will speak with your healthcare providers to establish your need for compensation when you suffer a head injury and:
- Blurred vision
- Trouble performing your daily activities
- Loss of balance
- Cognitive impairments
- Mental limitations
- Loss of consciousness
- Slurred speech
Our disability lawyers will collect your medical records and other proof to support your case.
Discuss Your Traumatic Brain Injury Accident With Us for Free
Friedman & Simon, L.L.P. meets with people on Long Island or elsewhere in the New York metropolitan area. Our team provides free case consultations for those living with traumatic brain injuries and their families. We will assess the legal options for compensation in their case and explain how our team members act as passionate advocates for the injured.
Call us today for a free consultation or use our online contact form. We are ready to discuss your case, legal rights, and next steps with you today for free.