By Gordon S. Johnson, Jr., Esq.

Call me at 800-992-9447

Brain injury compensation can come by means of a lawsuit or a workers compensation claim. Brain injury compensation or other benefits can also be recovered under different statutory compensation programs such as the Jones Act. Further, brain injury disability compensation may come from social security, veterans benefits or private disability policies. We will first deal with the litigation options to recover brain injury compensation and then focus on the disability programs on the next page.

As falls and motor vehicle accidents account for more than half of the disabling brain injuries, that is the best place to start a discussion about brain injury compensation.  Generally, a person who wrongfully fails to protect the safety of another is liable for the damages. Thus, if a person is injured because of another’s carelessness, then that wrongdoer is liable to pay for all of the harm caused by such carelessness.

The problem inherent in so many of the liability situations we will discuss below is that the wrongdoer may have limited assets and insurance. It doesn’t do the injured person much good to get a million dollar judgment against someone with no assets or money. While liability insurance is intended to pay such judgments, too many people do not have enough insurance to cover the full brain injury compensation needed to make up for the damage done to the brain.

The Best Brain Injury Lawyer Must Carefully Consider Your Case

There may be nothing the best lawyer in the universe can do.  But if you consult with someone who doesn’t have the expertise to understand all compensation avenues available, you take a serious risk of not getting all of the brain injury compensation available.  Even more important than the expertise of the lawyer, is the willingness of the law firm you consult with to listen to your story and carefully consider options for compensation. The Brain Injury Law Group, my law firm, does not charge a fee unless you recover brain injury compensation.  It costs you nothing to talk to us.

Brain Injury in Motor Vehicle Accidents

Motor vehicle accidents almost always happen because someone was careless. Such carelessness often includes violation of a law or “rule of the road.” If you or your loved one was injured as a result of another driver’s carelessness, you are entitled to sue the wrongdoer.  In many cases, this is not as cut and dried as it might appear.  Even if the brain injured person had some fault in causing the accident, this doesn’t necessarily prevent them from getting brain injury compensation. The laws of comparative and contributory negligence in each state are different and some fault may not prevent a successful brain injury claim.

It is critical that a top lawyer be consulted as soon as possible, even while you wait for someone to awake from a coma.  Key to winning difficult motor vehicle accident cases is preserving the evidence at the scene of the accident.  For example, if it was semi-accident, the owners of the semi and its insurance company are already sending accident reconstruction experts to the scene.  If the only accident reconstruction done is the one by the trucking company, compensation will be more difficult or impossible.

A Side Note on TV Lawyers.

The most important issue in getting the best result in an accident case is the amount of time the lawyer has to devote to that case. At the Brain Injury Law Group, we only represent those with brain injuries.  The lawyer who runs TV ads is inundated with calls, many from those who are not seriously injured. There is only so much time. If you spend your time on routine cases, you may not have time to represent the severely injured the way they need to be represented. To learn how we are different, click here.

For more on the difference a Brain Injury Attorney can Make in Getting the Best Medical Care, click here.

Next – Brain Injury from Slip and Fall

Brain Injury in Industrial or Workplace Accidents

Brain Injury in Product Liability Cases