Every year, more than 1.3 million people suffer from brain injuries. If you have suffered a brain injury due to an accident, or during any sports event, or any product that has caused brain injury, you are entitled to get compensation for the same, as maintained by the law. In this article, we will explain in detail all the conditions and provisions of the brain injury lawsuit settlements.
Generally, if a person suffers a head injury, the level of injury must be determined by official medical reports that are issued by a reputed hospital or medical facility. A head injury does not necessarily mean the brain is affected. But if the brain is affected, then it is classified as a brain injury case.
The usually compensation charges
The defendant must compensate the victim, one who has received a brain injury, to cover the medical bills that are incurred by the latter.
Mild head injury
If there is a mild concussion or a mild contusion, the compensation might range from $1000 to $40,0000. A mild concussion can lead to a temporary unconsciousness, or disorientation for some time. In a severe case, any of these three conditions can exist that may lead to severe outcomes.
A mild contusion means bruising, that may lead blood vessels to get raptured. The lacerations may leave marks or scars, bumps or lumps due to deep internal blood vessel ruptures. The soft tissue or skin on the head can even turn black, and this could be due to formation of a blood clot in blood vessels.
Moderate or severe head injury
The compensation for moderate or severe head injuries can range from $40,000 to $60,000 or more. This is a case where a person suffers from skull fracture (the skull bone is cracked) or the person suffers severe concussion. This is called a mild TBI. In case of severe brain injury, the compensation can exceed from $60,0000.
Brain injury lawsuit settlement problems
If you have filed a lawsuit against the defendant party, it is important for you and your attorney to consider all the facts about such a case. And this holds true for all brain injury lawsuit settlements.
Most of the brain injury cases involve complex legal procedures. Before filing any lawsuit, one must consult with a qualified lawyer who specializes in handling brain injury litigation.
You must also understand the legal theory behind your brain injury lawsuit, to know what kind of proofs you must present to win compensation against the brain injury lawsuit settlement.
The settlement must be adequate
According to the US federal law, the at-fault individual is responsible to compensate the victim for any medical treatment and medication rendered for the individual’s brain injury through a settlement, as deemed necessary in the lawsuit filed against the defendant.
The attorney must very carefully make accurate evaluations about the amount of the settlement that should be enough to cover all Medicaid bills. The person must know how much the settlement will be, before any deal has been made legally in court.
This is a program that aims to help under-privileged people with medical treatment and medication. If a person does not qualify for Medicaid Program, the medical treatment and medication provided will be much more costly.
Medicaid is only provided to a person if he or she can afford the medical treatment for his brain injury. More importantly, only a specific class of citizens have the right to Medicaid.
The Medicare Program is only meant to cater to the elderly people. The medical treatment is cheaper than normal, but of the same standard that is given to well-off individuals.
Back to the main point. If a person gets an appropriate settlement, then yes, it will cover all Medicaid bills.
What has to be done
The attorney must make sure the settlement is enough to cover all the medical bills incurred in the wake of brain injury. And that the settlement will also deal with all future Medicaid bills too.
How to get this done
The proceeds must go to a Supplemental Needs Trust also called Special Needs Trust. This will make the person eligible for further Medicaid service and this Trust will pay the Medicaid for all expenses in the future. The settlement must be sufficient enough.
The brain is one of the most important organs of the human body. In case, you have suffered from a brain injury, you have the right to seek compensation for the same.
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