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Essential Legal Information for Pediatric Brain Injury

Essential Legal Information for Pediatric Brain Injury. Legal help when you need it most. Daniel S. Chamberlain Doehrman & Chamberlain 10333 N. Meridian Street, Suite 100 Indianapolis, Indiana 46290 800.269.3443 dsc@usLAWS.com. Facts About Acquired Brain Injury.

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Essential Legal Information for Pediatric Brain Injury

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  1. Essential Legal Information for Pediatric Brain Injury Legal help when you need it most. Daniel S. Chamberlain Doehrman & Chamberlain 10333 N. Meridian Street, Suite 100 Indianapolis, Indiana 46290 800.269.3443 dsc@usLAWS.com www.tortsLAW.com

  2. Facts About Acquired Brain Injury • 1.5 Million TBI’s per year. • 48 Billion Medical TX p/y. • 250,000 Indiana Residents with TBI. • 10,000 new Indiana TBI’s per year. • #1 Killer of 44 y/o and under. • Mild, Moderate, Severe. • Even persons who have suffered MTBI can have long term difficulties. www.tortsLAW.com

  3. BIAusa.org/Indiana • Resource Directory. • Quarterly Newsletter. • Educational Programs/Convention. • Support Group. (15 Statewide Meetings). • Advocacy (Legislative). • Local Tele.: 317-356-7722. www.tortsLAW.com

  4. TBI Problems Include. • Employment/School/Family Disruption. • Depression. • Disorganization. • Social Isolation. • Physical Complaints (dizziness, headaches, confusion). • Personality Change. • Forgetfulness. www.tortsLAW.com

  5. #1 Problem -Medical Treatment. • Health Insurance. • Social Security (SSDI-Workers; SSI-Financial Need). • Medicare – Federal. A-Hospital, B-Medical). 65+ OR Disabled 2 Years. • Medicaid – State. Low Income, severe disabilities. • Waivers – TBI, Disabled, DD (Diagnosis + ICF/MR). • FSSA – Children’s Health Insurance Program/Hoosier Healthwise. www.tortsLAW.com

  6. #2 Problem - Education. • Age 3-21. • Every child share receive a free and appropriate education in the LEAST RESTRICTIVE ENVIRONMENT. • 13 Disability Categories - TBI. • IEP, ISP. • Early Intervention – First Steps (criteria, developmental delay OR brain injury may cause delay). www.tortsLAW.com

  7. #3 Problem – Services. • Information. • Availability. • Access. • Advocacy. www.tortsLAW.com

  8. #4 Problem – Legal Services. • Is there a potential case? • Legal Remedies? • How Hire a Lawyer? • What is the Process? • Even if no Third Party Claim, do I need a lawyer? • How do I pay? www.tortsLAW.com

  9. Activities That Can Cause Brain Injury. • Motor Vehicle Wrecks. • Pedestrian/Bicycle/Sports. • Toys (i.e. Trampolines). • Lead Paint. • Birth Trauma. • Medication Error. www.tortsLAW.com

  10. Potential Legal Remedies. • Claim against insurance company responsible for damages. • Products Liability. • HC Providers. • Governmental Entity. • Deadlines! (180/270/2 years). www.tortsLAW.com

  11. Factors to Consider in Hiring an Attorney. • Attorney’s track record in handling TBI cases. Settlement v. Jury Verdict. • Law firm reputation. Martindale Hubbell/”SuperLawyer”/Prior Clients. • Ability to fund litigation. • Knowledge of the field and physicians. • Liability/Damages/Insurance Coverage. • Responsiveness of Attorney/Law Firm. www.tortsLAW.com

  12. What happens next? • Collect evidence/ investigation/ statements/ inspection. • Interaction with family. • Consider guardianship. • Gather baseline data. • Medical records/physician/therapist. • Complaint for Damages. www.tortsLAW.com

  13. Expert Witness. • Liability Witness. • Treating physicians. • Doctor of Physical Medicine/Rehabilitation/Therapists. • Case Manager. • Neuropsychologist. • Economist. • Life Care Planner. www.tortsLAW.com

  14. Legal Process. • Discovery. • Depositions. • Defense Medical Exams. • Trial Preparation. • Video Settlement Brochure. • Mediation. • Settlement v. Trial. www.tortsLAW.com

  15. Future Issues. • Liens? • Medical Payments/ Medicaid/ Medicare. • Trust/Special Needs Trust. • Annuity v. Cash. • Financial Advisor. • Quality of Life. BIAI Clubhouse! www.tortsLAW.com

  16. Other Help? • BIAI www.biausa.org/Indiana • Indiana Government www.ai.org • Family and Social Services www.ai.org/fssa/ • Indiana Statewide Resource Directory. • Support Groups. • ARC of Indiana. www.arcind.org www.tortsLAW.com

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