In Virginia, any type of head wound, even a so-called “minor” traumatic brain injury (TBI), may result in long-term consequences. Accident survivors might need to consider multiple avenues for covering their finances after a TBI. Besides seeking an insurance settlement or filing a lawsuit, you could require federal disability benefits to cover your normal monthly expenses. Virginia traumatic brain injury lawyer and disability benefits | Virginia Traumatic Brain Injury Lawyer

Qualifying for Disability Benefits After a Traumatic Brain Injury

Simply understanding the disability requirements is often a battle all by itself. It’s an extremely complex process that rarely results in approval on the first try, and frequently involves multiple appeals. 

So. let’s answer the first big question clients typically have. Yes, in many cases, suffering a TBI means you likely qualify for Social Security Disability Insurance (SSDI). However, whether you’re eventually approved for benefits depends on the specifics of your injury and any corresponding symptoms.

For any chance at successful approval from the Social Security Administration (SSA) you need to prove that you suffered a TBI and show how it impacts your life. With a brain injury, it’s also crucial to provide adequate medical evidence that your symptoms are expected to remain long-term or become permanent.

Traumatic brain injuries often exhibit a broad spectrum of symptoms, which is why the SSA usually demands thorough documentation. For instance, you may need records from doctors or therapists showing:

  • Anxiety or depression
  • Brain fog and confusion
  • Chronic pain
  • Cognitive impairment
  • Emotional impact/mood swings
  • Inability to concentrate or maintain focus on specific tasks
  • Language and speech difficulties
  • Memory loss or impairment
  • Mobility problems
  • Persistent symptoms like headaches and nausea 
  • Seizures
  • Sensory sensitivities (such as an aversion to light, sound, and scent)
  • Vision issues 

Of course, an experienced attorney is often extremely useful in this regard. An investigation into the cause of the accident for a personal injury lawsuit already requires gathering all that specific evidence.

Traumatic Brain Injury Costs May Exceed Disability Coverage Alone

The unfortunate truth is that the fixed income provided by disability may not even be enough to cover all your needs after a traumatic brain injury. 

This is often a major concern if you require at-home accommodation, round-the-clock care, or expensive occupational or physical therapy. Because of the serious nature of a brain injury, it’s also possible you could need additional medical care in the future, such as follow-up surgery.

People living with brain injuries also frequently encounter challenges when attempting to resume employment, for instance, resulting in a significant loss of income. 

If your bills are piling up after a negligent driver or property owner caused your TBI, you shouldn’t be left on the hook for all the costs. An attorney should be a part of the recovery process to help you pursue the fair compensation you deserve.

The good news is that a skilled Virginia traumatic brain injury attorney can: 

  • Determine who’s liable for your damages, such as a driver, business or homeowner, employer, trucking company, and other entities.
  • Gather the evidence necessary to pursue damages through a personal injury lawsuit, such as medical records, video footage, witness statements, and so on.
  • Negotiate with insurance and help you avoid common tactics used by insurers to reduce your settlement.
  • Place a specific value on your traumatic brain injury accident damages covering elements like lost income, medical costs, and pain and suffering.
  • Take the pressure off by handling the legal side of your recovery within the tight deadlines set by state and federal law.
Kevin W. Mottley
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Richmond, VA trial lawyer dedicated to handling brain injuries, car accidents and other serious injury claims