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by The Stoddard Firm - June 5th, 2024
Following a traumatic brain injury (TBI), you may be eligible for an insurance claim that pays for many of the expenses and care you need for your recovery. Overcoming the symptoms of a TBI can take years or even a lifetime. Worse, you may not have the tools to do this alone, which is what a case manager is here for.
Unfortunately, you may worry that your insurance case manager is not respecting your rights or providing the support needed for your recovery. When this happens, you may have grounds to take legal action to secure your rights as a TBI victim with help from an Atlanta traumatic brain injury lawyer at The Stoddard Firm. We have the tools and resources to help you navigate your rights as an injury victim and as an insurance policyholder so that you can get the treatment you need following your injuries.
When you have suffered a severe head injury, you may need months, years, or a lifetime of care. Managing that care can be complex, and even if you have insurance coverage that can support you at this time, it can be difficult to understand what your insurance will cover and how to manage those benefits. In fact, a study published in the National Library of Medicine found that high-severity TBIs may cost up to nearly $35,000 per year for patients with private health insurance, making case management a vital tool to manage costs.
When examining your insurance coverage, you may have difficulties determining what is covered. After all, the cost of medical care has increased over the years, and you may need substantial financial help just to survive, let alone to get the best possible outcome for your care. Your case manager is responsible for collaborating with all parties involved, coordinating your care, and helping to ensure that care continues as you recover from high-cost injuries.
When you are injured on the job, the workers compensation system will help provide insurance for your medical bills, and under that system, you will be assigned a case manager. Having a case manager on your side is especially helpful for your insurance claim, but unfortunately, case managers are often on the side of the insurance company that hired them. To be sure, cas managers can provide valuable information at times concerning the costs of this care, what services are covered, and whether you may have opportunities for coverage through public programs may be beyond the time and energy you have during recovery. But case managers are typically hired by the workers compensation insurer and that insurer has incentives to show that you are not hurt or do not need further care.
When you have suffered a TBI on the job, a case manager will be assigned to help you. Their aid begins with identifying the severity of your case from your initial evaluation, determining whether you are eligible for public assistance or TBI-specific services, and maintaining contact with all involved parties, including the following:
The responsibilities go beyond this, however, and include coordinating plan benefits, arranging special services, and making referrals to specialists for your care. Your workers compensation insurance TBI case manager may also help you determine what is covered under your insurance policy, whether you can receive in-home care, and more. Your case manager is supposedly responsible for helping you navigate the best path forward to recovery, but often times they are not your real ally. That is where a good lawyer comes in.
Not everyone is eligible to become a case manager. In one aspect, case management requires expertise, including degrees in the field and potentially with further training, such as being a registered nurse or social worker. Having the right qualifications in education and experience is vital to ensuring you get the care you need for recovery.
However, your case manager should also be prepared to approach your case with compassion and clear communication. You and your family have experienced a traumatic, life-changing situation, and your case manager should keep that in mind as they approach your case. Your case manager should provide essential support and resources in the resolution of your complex insurance claim.
You would expect your case manager to be knowledgeable, trained, and ready to help you best recover from your injuries. However, you may find that you are unhappy with your case manager. In these cases, you can request a change in your case manager.
If your case manager is failing to pursue high-quality care and help control costs, you can always request a case manager change. If you feel that your case manager is not properly trained or does not have the experience necessary for your case, you have the right to choose your case manager. If you struggle to complete the step, you may need to seek our guidance.
In most cases, your workers compensation insurance plan provides these case management services. These case managers are meant to help with high-cost medical conditions, so if your insurance company has provided a case manager, remember that you can still request a new one. However, your insurance company may not be so willing to offer the support you need.
In fact, you may find yourself struggling to get results from your insurance company without support. If your brain injury leaves you unable to easily communicate your needs to your insurance company, or if they refuse to assign a new case manager to you, we are here to act as an advocate when you need one. Talk with our personal injury team for guidance on your case and pursue compensation if the insurance company acts in bad faith.
Following a traumatic brain injury, you may face complications and issues that impact your ability to live as you once did. At The Stoddard Firm, we understand the impact of these difficulties and how they can make getting the compensation you are due much more difficult. Fortunately, we offer the tools to help.
We offer decades of experience with cases involving Georgia tort laws, guiding you to the results you need following an accident. That includes helping many injury victims deal with the complex field of injury law. That helps us better act as advocates for our clients.
These efforts have paid off for many of our clients. We have succeeded in securing multimillion-dollar settlements for numerous clients. We are prepared to take action for you and help you pursue compensation when the at-fault party fails to compensate you.
When you have suffered a TBI, your health recovery can be a complex road, and progress is not always linear. In these cases, an insurance case manager may be assigned to your TBI claim, but you may be concerned that your rights are not being respected.
At The Stoddard Firm, we strive to help TBI victims recover from the suffering they have experienced and secure their rights as insurance policyholders. If you believe your case manager is not respecting your rights, we can help you request a different TBI case manager. When you are ready to learn more about your opportunities for action, do not hesitate to reach out by calling 470-467-2200 or completing our online contact form.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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