I recently read an article about causes of traumatic brain injuries. According to the National Institute of Health, collisions such as car accidents, motorcycle accidents, and bicycle accidents cause HALF of all traumatic brain injuries. This statistic is true for all age groups, except senior citizens, for whom slip and falls become the leading cause of traumatic brain injuries.
The consequences of traumatic brain injuries caused by vehicular accidents can be readily apparent, such as when facial muscles are paralyzed, or they may only become apparent after close observation of the accident victim, such as when the brain injuries cause problems in short-term memory, ability to solve problems, or ability to multitask.
When a car accident or other motor vehicle accident is the cause of a traumatic brain injury, there are usually two claims that the accident victim can make. First, the accident victim can and should submit a claim for Michigan No Fault insurance benefits, which will pay for medical expenses, a portion of lost wages, and attendant care benefits, which are used to provide the accident victim with supervised care from a professional nurse or a family member.
No Fault insurance also provides case management benefits, which is a benefit that most people do not realize comes with their car insurance. With the case management benefits, the insurance company will pay a reasonable rate to hire a case manager who can assist the accident victim with coordinating doctors’ appointments, transportation, and other benefits, such as home modification for a wheelchair ramp or other reasonable modifications. I always recommend my clients hire a case manager whenever their injuries are severe enough that a case manager would be useful, since the insurance company will pay for the case manager completely.
In addition to the No Fault insurance claim, most traumatic brain injury victims will meet the threshold to be able to file a lawsuit to seek additional damages from the driver who caused the car accident. Michigan law is very strict and only allows very severely injured people to file a lawsuit when they have been injured in a car accident, but most brain injury victims will have severe enough injuries to satisfy the requirements of Michigan law. This is very good for them because their lawsuit gives them the chance to collect additional damages.
For example, an accident victim’s No Fault insurance will pay a portion of the victim’s lost wages for up to three years after an accident. However, many people who suffer brain injuries will be unable to work at their old jobs for the rest of their lives and many will be unable to work at all. These people especially benefit from a lawsuit, since they could collect damages for their lost wages for the rest of their lives.
Brain injuries are some of the most complicated injuries that can happen to someone because the brain is still so poorly understood. In order to convince a judge and a jury, an accident victim must hire a lawyer who is an expert on brain injuries and who understands the full extent of the suffering that the accident victim has faced. I encourage you to learn more about the brain injury lawyers at Buckfire & Buckfire by visting our law firm’s brain injury section.
If you would like more information about your rights after a Michigan car accident, you can order our FREE book, “The Ultimate Michigan Car Accident Handbook” by clicking on the book link. We will send it out immediately along with other important information.
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