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Blogs from April, 2024

Traumatic Brain Injury

Traumatic brain injuries (TBIs) are among the most devastating types of injuries one can experience. They can cause lifelong disabilities, emotional trauma, and financial hardship. While immediate medical attention is critical to treating TBIs, it's also essential to understand their long-term legal impact.

The Basics of TBI Legal Claims

If you or someone you know has suffered a TBI due to someone else's negligence, you may be able to file a personal injury claim. Such claims typically involve demonstrating that another party was responsible for your injuries through intentional wrongdoing or negligence.

To succeed in such a claim, you'll need to provide evidence that the other party breached their duty of care towards you and that this breach led directly to your injuries. You'll also need to document your damages, including medical bills, lost wages, pain and suffering, and other losses related to your injury.

Workers' Compensation for TBI Victims

Suppose you suffer a TBI while on the job; you may be eligible for workers' compensation benefits under state law. Workers' comp benefits typically cover medical expenses related to your injury and lost wages due to time off work.

It's important to note that workers' comp claims differ from personal injury claims in several ways. For example, workers' comp is considered a no-fault system, meaning that you may still be entitled to benefits regardless of who caused your injury (even if it was yourself).

Social Security Disability Benefits for TBI Victims

If your TBI is severe enough to prevent you from working for an extended period, you may be eligible for Social Security Disability benefits. These benefits are intended to provide financial support to those unable to work due to a disability.

To qualify for SSD benefits, you must demonstrate that your TBI meets the Social Security Administration's definition of disability. This typically involves showing that your injury has caused significant limitations in your ability to perform work-related tasks.

Long-Term Care Planning for TBI Victims

In addition to legal considerations, it's important to plan for the long-term care needs of someone with a TBI. Depending on the severity of the injury, ongoing medical care and therapy may be required for months or even years after the initial injury.

Many families face significant financial strain as they attempt to cover these costs. Proper planning can help ensure that you have the resources needed to provide ongoing care and support for yourself or a loved one with a TBI.

San Jose Traumatic Brain Injury Attorneys

If you or a loved one has suffered a traumatic brain injury in San Jose, CA, and are seeking legal guidance, Needham Kepner & Fish LLP is here to help. Our experienced personal injury attorneys understand the complexities of TBI cases and are dedicated to fighting for the compensation and support you deserve. We invite you to contact us at (408) 716-1668 to discuss your case and learn how we can assist you in this challenging time. Let us be your advocates as you navigate the path to recovery and justice.