The Social Security system is in place to help us through difficult times. Unfortunately, there are some instances in which the system makes our lives even more difficult than they need to be. The day I received the denial letter for my claim, I wasn't sure what I was going to do. After talking with a few friends, I contacted a lawyer. That was the best decision I had ever made. Even with the professional assistance, getting the denial overturned and getting the money that I was owed took several months. I have kept a clear journal of my experience and loaded it with information that can help others get through what can be an impossible time.
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Social security denial - a journal of assistance
What To Expect While Pursuing A Brain Injury Claim Or Lawsuit
Alexis Garcia
A traumatic brain injury can debilitate a person for years or the rest of their life. If the injury happened because another party acted negligently, recklessly, or with malice, you may be able to pursue compensation by filing an insurance claim or a lawsuit. Folks pursuing claims should know what's likely ahead of them, and here's what a TBI attorney will usually tell them to prepare for.
Medical Exams
Injury cases tend to be about what you can document. That is more the case with brain injury claims because the signs of trauma are often less visible. A brain injury attorney will want to document a person's medical condition so they can present as strong of a case as possible. Likewise, the insurer or the defense may ask for medical exams so they can assess how to respond.
Similarly, your brain injury attorney will also want to determine how capable your body will physically recover. A person's maximum physical recovery will play a key role in determining how much compensation they might expect. If someone expects to largely recover within two years, for example, they'll probably receive less compensation than if their injuries left them unable to ever heal.
Bills
The healthcare providers assisting you will send bills for their services. Whenever you receive bills, refer them to your TBI attorney. Your lawyer can explain the situation to the care providers. Typically, hospitals, clinics, and doctors will impose what is known as a medical lien. Rather than demanding payment right now, the healthcare provider will enter a claim against any eventual settlement or judgment you might reach. If your health insurance provider covers any of the costs, they may also enter a lien to recover the money they've paid.
The important thing is to not get too worked up about medical bills. If you receive any bills, make copies and provide them to your lawyer.
Claims Process
Typically, a brain injury attorney will want to pursue a claim rather than jumping right to a lawsuit. Your counsel will assemble a demand package. This is all the evidence backing your claims. Likewise, there will be a cover letter explaining why you believe the defendant is at fault and how much compensation you're seeking.
The defense will have a few weeks to review the materials and decide whether to accept or reject the claim. If they reject the claim, your remaining option will be to sue. Should they accept the claim, they could offer the demanded compensation or try to negotiate. If the sides are far apart on compensation, negotiations could go back and forth for months or even years.
Contact a TBI attorney for more information.
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