Traumatic Brain Injury: Legal Rights And Options

A traumatic brain injury is a condition that causes damage to the brain. It can also cause serious consequences for the rest of your body. That’s because it can lead to loss of consciousness, confusion, memory loss, and other problems with cognition. Traumatic brain injuries are extremely common and affect everyone at some point in their lives. However, they may be more prevalent in particular groups, such as those participating in sports with common concussions or others with a history of getting them.

Moreover, traumatic brain injuries can result from an accident, such as being hit by an automobile or falling from great heights. They may also occur due to assault or another violent attack on your body. Regardless of the cause, anyone who suffers a traumatic brain injury faces legal challenges that may not be obvious at first glance. If you face a traumatic brain injury, you can take legal help from a Ernst Law Group –  Brain Injury Lawyer. Read on to learn about your legal rights and options following a personal traumatic brain injury.

Traumatic Brain Injury

A traumatic brain injury results from a hit to the head or body that causes brain damage. It can happen in several ways, such as an automobile accident, assault, or falling from great heights. These are known as “closed head injuries” because they occur without visible external signs of impact.

There are three main types of accident brain injury.

  1. A concussion
  2. A subdural hematoma
  3. A diffuse axonal injury

The effects of these injuries may be temporary or permanent, and there may be no outward physical signs.

However, some symptoms may appear a few hours or days following the incident. The severity of the injury gets based on how much force was applied and where it got applied. Symptoms include:

  • Headaches
  • Dizziness
  • Sensitivity to light and noise
  • Fatigue, confusion
  • Memory loss
  • Impaired thinking skills
  • Blurred vision
  • Balance problems
  • Poor coordination with movement

Legal Rights

Medical rights are the first legal rights for those with a traumatic brain injury. Medical rights include medical care and treatment, rehabilitation and other services, and time off from work. They also have the right to file a workers’ compensation claim.

In addition, those who have suffered a personal traumatic brain injury may also get entitled to their special needs trust. This trust manages their assets because they may be unable to manage them themselves due to their trauma. It includes managing their finances and property while they stay under medical supervision. Again, you can take help from an attorney regarding your legal rights.

Legal Options

Many options are available to those with a traumatic brain injury, depending on their specific circumstances. Some options may include disability, workers’ compensation benefits, and other legal rights.

Other options may be more complicated and require the assistance of an attorney. The first option is insurance coverage since most employers in the United States cover traumatic brain injuries under their benefit plans. Moreover, if you do not have insurance, you can file a claim with your state’s workers’ compensation board using the correct form. Lastly, you can consult a Ernst Law Group –  Brain Injury Lawyer to help make sure that all your legal rights get met.

Importance Of Seeking Legal Advice

Your attorney can assist you in deciding whether to pursue a claim against the insurance company of your attacker. Different legal options are available, including claims for negligence and pain and suffering.

Additionally, Your lawyer may offer to represent you in any criminal case that might get brought against you. It can be helpful because criminal court proceedings are not always conducive to someone with cognitive impairment or memory problems, such as amnesia. In addition, if you suffer from a traumatic brain injury, it’s important to understand your legal rights and options to decide how best to move forward with your case.

Solicitor’s Help With A Traumatic Brain Injury Claim

You may be wondering how you can go about filing a claim for a traumatic brain injury in the face of a complex legal system. The first step is to seek professional help from an experienced solicitor. They can help manage your claim and get it off the ground so you can move on with your life and recover.

In addition, a solicitor may be able to assist you in pursuing litigation, which is a way to file a claim against someone without going through the court system. Or, if your case doesn’t warrant litigation, they can provide advice about other ways to pursue compensation for your injuries.

Available Compensation For Those With A Brain Injury

Traumatic brain injuries can bring on several legal challenges. For instance, you may have to prove your disability to receive disability benefits. You may be eligible for Social Security Disability Insurance or Supplemental Security Income. You have the right to file a private workers’ compensation claim with the state government if someone else’s negligence has caused your injury.

In some cases, you might file a civil lawsuit against the person who committed the assault that led to your injury. Other legal options are also available, including pursuing compensation from an insurance company or suing someone for damages related to your brain injury.

Moreover, traumatic brain injury’s personal and financial costs can be enormous. Still, these difficult times don’t necessarily have to spell the end for your future happiness and well-being. Many options are available for those who suffer from a traumatic brain injury, and even more, are waiting for them when they reach out for help after their accident.


Knowing your legal rights and options is important if you or a loved one has suffered a traumatic brain injury. These types of injuries can profoundly impact your life, and it is crucial to get the compensation you deserve. Many types of compensation are available for those who got injured due to someone’s negligence.

Moreover, an attorney can help you get the compensation you deserve. If you have any questions, you can contact a Ernst Law Group –  Brain Injury Lawyer who can help you navigate the legal process. I hope you find this article useful.