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Brain Injury Lawsuits—Demanding the Best for Injured Children

It is never easy to deal with the aftermath of a tragedy. So many physical, emotional, mental, spiritual, and psychological challenges are faced by local community members each and every day following accidents of all kinds. Perhaps the single most common accidents are those on our roadways-car, truck, motorcycle, bike, and pedestrian accidents strike frequently in Chicago and throughout the country. These accidents represent the single largest way that preventable brain injuries arise. No one is spared, victims including the elderly and our youngest children.

What makes the recovery process so difficult following one of these injuries is that often it lasts indefinitely. Sometimes life will never be the same following a brain injury. The best families can hope for is to get a bit close to perfect health each day.

But recovery following a brain injury requires resources. Those hurt need access to the best medical care, nursing support, equipment, education, and specialized therapy possible to give them the best shot at developing as much as they can. There remains a huge gap between the recovery outlook for those who receive the best care and those who receive merely the bare minimum to survive. When children are involved it is obvious that all parents should seek to ensure their child has access to all the resources they need to receive the best care available.

That is where the civil justice system sometimes comes into play. When the accident which caused the brain injury was rooted in negligence or recklessness, then the justice system can ensure that the wrongdoer provide the resources the victim needs to give them the best chance at getting things back to normal. When those victims do not receive any redress, their lives are often qualitatively worse.

Brain Injury Victims on Public Assistance
For one thing, without alternative resources, some brain injury sufferers are not even able to stay in their own home to recover. For example, the Mason County Daily News reported on a tragic new controversy out of Florida, where certain children were forced to leave their families after a brain injury and move into a nursing home surrounded by seniors.

The U.S. Department of Justice is currently investigating the state for potential violations of the Americans with Disabilities Act.

As part of their investigation, the DOJ met with one child who became a quadriplegic after suffering a brain injury caused by a car accident. His family was obviously devastated by the incident. But making matters worse, the family was not even able to keep the child at home to provide the care he needed. It was not because that at-home care did not exist-it does. Instead, the family simply did not have the money to pay for it, and the state allegedly would not provide the at-home care. Instead, they only provided resources for the child if he moved into a long-term care facility.

No family should have to watch as their injured child is forced to move out of the house. When another party is at fault for the underlying injury, it is entirely prudent for families to demand accountability so that they have access to resources to ensure their injured family member received the help they need while still surrounded by friends and family members.

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