The “Tough Love” Truths about Brain Injury Recovery

The saying “Hope springs eternal” trumpets no truer than when a loved one incurs a traumatic brain injury. Be it via leading edge science and technology, skilled physicians, breakthrough medications or heartfelt prayer and miracles, we hope against hope for the best.

As attorneys, our empathy and sympathy for you at the El Dabe Law Firm is sincere. Yet, our pragmatism must ground us and help you focus. Injury Law Central knows that the truth revealed is that, unlike illness or broken bones, brain injury often results in considerable harm. Rarely does a patient fully “recover.” Residual deficits are usually quite significant and sadly, permanent. The continual expectation of recovery can lead clients and families into denial, frustration, disappointment, and even worse, extremely unrealistic expectations and planning. Those decisions, based on emotion and a false sense of what the future holds is precisely why any and every family or person who is touched by or involved with a person suffering from such trauma should absolutely seek the professional counsel of a qualified attorney highly trained in this sensitive area of law.

The experts at the El Dabe Law Firm understand that Doctors, insurance firms, and others may make some grandiose claims, boosting sentiment and positive passions. At the same time the downsides are just as equally minimized. In truth, any successful rehabilitation of a head injured person cannot take place until they and their families are aware of new limitations. Then they must accept them and formulate new lifestyles and goals based on these changed expectations.

Our Attorneys at Injury Law Central speak to these realities as they defend you against the immediate loss and a growing strain and distress in so many areas of life due to this turn of events. To speak of, and implicitly believe in, and to hold out the hope for full recovery can severely impede the process of setting the best new course of action and life. We hope for that outcome also, but in the interim it is our duty to protect and keep you focused, on track and aware.

Of course, this process of awareness and acceptance, on the part of the family, is a process that takes time. We fully agree, certainly families, especially in the early stages, must hold out hope.
However, as legal experts, we must speak in terms of hope meaning as much improvement as possible…and to build realistic expectations from the very beginning.

Certainly the question arises; “Besides suing the possible parties involved that may have led to this dilemma, what else can be done?” Surprisingly, there are several areas in which truly qualified
attorneys might assist that are directly related to improvement following brain injury. These areas include

• Making certain of the full severity of the injury,
• Establishing the victim’s pre-injury characteristics and what mental and motor skills may be impaired or lost,
• Establishing and building family support,
• Launching the trauma individual’s awareness and acceptance of their new limitations,
• Researching and insuring the full extent and correct type of rehabilitation required,
• Arranging for the long-term support the individual will need, especially at home and in the home community.

Let’s look at these areas a little closer:

Scope and Severity- Certainly the more severe the injury the less improvement can be expected. The location of the injury is most important. Location and severity result in the inability to direct and regulate behavior and significantly interfere with returning to any pre-injury lifestyles.

Pre-Trauma Characteristics - Any number of pre-injury variables are associated with any favorable outcome. Those elements most associated with “recovery” are pre-injury intelligence, cognitive abilities, and personality. Any and all of these tend to change with brain injury.

Family Support - Family and support is critical to improvement in the victim’s functional abilities. If the family is realistic in its expectations and can provide sufficient structure, guidance, and
support without fostering dependence, there is likelihood of some improvement.

Limitation Acceptance - A trauma victim’s awareness of limitations and his ability to accept the fact that new life goals must be established has been found to be a critical variable, if not the most important variable, associated with successful outcome.

Recovery and Rehabilitation - The extent of rehabilitation following brain injury is directly related to improved functional abilities. In current medicine and science, rehabilitation is ongoing on many levels. It is available to improve the human condition, not only from a physical or motor function,but also can assist with hidden cognitive and emotional deficits that can hinder independent living.

Support - Outside support is critical. Many brain injury victims will require life long support to live and work in the community. The full extent to which support is available, in terms of sustained employment, supervised living, support groups, problem intervention, and outreach programs, increases the chances of long term success.

El Dabe Law Firm experts want you to know that every patient is different and follows different paths in their treatment, each depending on the kind and severity of the brain injury. The cost of the million plus brain injuries incurred every year to society and to the families of these victims is huge. Financially alone, brain injuries requiring hospitalization cost the nation around $56 billion each year. The full human cost cannot be calculated.

In the final analysis, our legal team works tirelessly to insure that the trust brought to us by you is fully rewarded…through your initial trauma and hopefully, through a long and satisfying life.

Call Injury Law Central today to discuss your course of action and the best future possible for you and those you love.