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  Saturday, July 05, 2008
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INFORMATION FOR UNDERSTANDING THE LEGAL ISSUES

INVOLVED IN BRAIN INJURY AND SPINAL CORD INJURY CASES.

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Serious personal injury calls for prompt investigation. From the moment of injury, there starts a critical importance of time and of records. Make sure that someone is actively working for you and protecting your interests. Click through to provide contact information, and ask any questions you wish. You will receive a prompt answer. This site is provided as a resource for Brain Injury (BI) and Spinal Cord Injury (SCI) survivors, family members, health care providers, social workers, and all other interested individuals whose lives and experiences are affected by BI, SCI, or other complex neurological events. The goal is to provide you, the reader, with useful information about the incidence, causes and consequences of BI and SCI, new developments in diagnosis and treatment, a glossary of BI and SCI terms, medico-legal issues affecting survivors and their families, and information about resources available to BI/SCI survivors and family members. Please take a moment to review the information in the following pages, and let us know if there are features we can add that will make this site more helpful to you or someone you know.

Medico-legal Issues
Arising from BI and SCI

Brain Injuries and Spinal Cord Injuries change lives. Forever. No matter the source of injury -- whether trauma resulting from a fall, a car crash, work injury or other accident, neurotoxins, or illness -- the individual's memory, personality and ability to function mentally or physically may be permanently altered. There will be special medical and legal needs requiring prompt, effective attention.

Timing is of the utmost importance when individuals sustain a BI or SCI. The following are just some of the medico-legal issues the survivor, family and neurolaw attorney should address as soon after the injury as possible...

What factors caused or contributed to the injury?

Did the injury result from the wrongful acts of another?

Will the survivor require long term in-home care or extensive rehabilitative services?

Will the survivor and/or family be eligible for disability benefits, or other insurance-based benefits or compensation?

What if the injury results in overwhelming cognitive deficits--who will act on behalf of the survivor? Should a legal guardian be appointed?

What can the survivor's family do from an estate planning perspective to ensure the survivor will be adequately cared for after they are gone?

Crucial evidence can slip away or be overlooked in the first few hours or days following a BI or SCI. Unfortunately, it is often the case that medico-legal issues arise years after the original event. A successful outcome in resolving these issues will depend heavily on how well all relevant facts relating to the survivor's case are documented immediately following the injury.

A prompt or early medico-legal consultation with a neurolaw attorney will help ensure that vital facts relating to the nature and cause of the injury are preserved for later use in establishing the survivor's eligibility for benefits or if legal action of any kind is required.

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This web site is provided through the courtesy of Nathaniel Fick and the Law Offices of Fick & May as a resource for Brain Injury and Spinal Cord Injury, family members, health care providers, social workers, and all other interested individuals whos lives and experiences are effected by Brain Injury and Spinal Cord Injury.

 

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