Litigation
A qualified lawyer may be able to help you find the best medical care and the money to pay for it. Unfortunately, the nature and quality of care, particularly sub-acute and long-term care, may depend upon whether funds are available to pay for it. Health insurance companies often deny or limit coverage for sub-acute and long-term care. The limitations in health insurance policies are often subject to interpretation and procedures may be available to contest denials.
If someone other than the survivor caused the accident, a liability claim may be made against the person at fault. If the person at fault does not have insurance or the insurance is inadequate, compensation may be available under the “un-insured” or “underinsured” provisions of the victim’s own automobile insurance coverage. Certain medical costs may also be covered under the “medical payments” provisions of the automobile insurance coverage of the people involved. The victim may also be entitled to payment of medical expenses under worker’s compensation (if the accident was work-related) or Medicaid (if financial qualifications are met).
The financial hardships caused by lost income may also limit the victim’s ability to access necessary medical care. The victim may be able to obtain compensation for lost income through private disability insurance (sometimes an employment related benefit), through worker’s compensation or through social security disability payments. If the accident was caused by another person, the victim may be entitled to compensation for lost income, as well as for permanent disability, for pain and suffering, and for loss of enjoyment of life.
Our lawyers are most effective in protecting the interests of brain and spinal cord injury victims if we are consulted as soon as possible after the injury. As time passes, it may become more difficult to establish the facts necessary to obtain the greatest protection for the victim.
In addition to assisting with the economic issues resulting from a traumatic brain or spinal cord injury, our experienced TBI lawyers may also be helpful in identifying local treatment providers with expertise in these areas and may help ensure appropriate coordination between the various providers on the treatment team.
In addition to understanding insurance law and liability law, a lawyer who represents brain and spinal cord injury victims, often called a “neurolawyer,” must be knowledgeable about the biomechanics of neurotrauma, neuroanatomy, neurophysiology, neurochemistry, neuropsychology, neurorehabilitation, and the special needs which accompany brain injury and spinal cord injury.
Attorney Robert Luce is a trial attorney who concentrates in the representation of brain and spinal cord injury victims and their families. For the past several years he has served on the Board of the Brain Injury Association of Vermont. He is an active member of the National Traumatic Brain Injury Law Group. For fifteen years, Bob and his dedicated legal team at DRM have skillfully and compassionately pursued liability claims for victims of brain and spinal cord injuries.
For assistance with a brain or spinal cord injury claim contact Robert Luce or Legal Nurse Consultant Marie Whitbeck.
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