BRAIN INJURY LEGAL ISSUES
Apart from the many physical and cognitive effects to deal with after a brain injury, there can also be many legal issues to consider.
Because every person’s situation is unique, and because the law is different in each state and country, it is important to consult a Personal Injury Lawyer to obtain legal advice. The following is a general guide to the legal issues surrounding brain disorders such as traumatic brain injury.
Keep detailed records
Keep a copy of all reports, print copies of relevant emails, and make sure you take notes after conversations. At some point in the future, you may need to verify costs for an insurance company or decide to pursue a claim for compensation after a traumatic brain injury.
Making a compensation claim for a brain injury
Legal action can be a very long process. It helps to initially contact solicitors who specialise in traumatic brain injury (TBI), and can advise on whether it is worth proceeding with legal action. In Australia (and many other countries) you generally need to establish that the other party was negligent, this caused you suffering, and that this suffering will continue into the future.
There are time limits for beginning this process that vary according to each state and country. If successful compensation in most cases is paid by an insurance company and covers pain and suffering, loss of income, rehabilitation, home modifications, medications and other costs caused by the injury.
In Australia, the commencement of the National Disability Insurance Scheme will have a direct impact on claims for compensation. It is based on a no-fault insurance model, so in many cases, people with an injury will receive financial support without having to pursue compensation from the party claimed to be at fault.
In most legal systems, a person entering into a contract must have the ability to comprehend the nature of the agreement being entered into. If a person with a brain injury has a cognitive disability and enters into a contract, the obligations entered into in the contract may be questioned. Any queries regarding the nature of a contract or a person’s rights concerning a signed contract should be taken up with a solicitor or other legal professional.
The costs of making a compensation claim are met by your Personal Injury Lawyer, who will only take a fee if the case is successful. Walker Law Group are Accredited Personal Injury Lawyers and only deal in compensation cases. We provide a No Win No Fee * policy. Walker Law Group has over a 99% success rate. Talk to Steve Walker and his team today 1300 363 013