Traumatic Brain Injury: Realities and Help in Tennessee
A traumatic brain injury occurs unexpectedly, without warning and is devastating and life-changing. Some traumatic brain injuries result from combat: soldiers may receive wounds or injuries to their heads, and others results from car or truck wrecks, other accidents, or injuries. A blow to the head can lead to serious brain injury. Victims become disoriented, confused, are often unable to perform simple tasks, often lose memory or ability to function, are no longer self-sufficient, and need assistance with mundane tasks and daily living. With no advance warning, family members become caregivers, are caught unaware, struggle to find solutions to help their loved one, strive to cope, and pray for improvement or some recovery, which is uncertain at best. Parents, spouses, siblings and friends fear that as they grow older, they will no longer be able to care for their loved one who suffers from traumatic brain injury.
Government assistance is minimal or not sufficient, and caregivers face difficult, seemingly impossible, decisions: How to care for a loved one now? Who will care for him or her in the future? What does the future hold? Will he or she recover and if so, to what extent? Caregivers face daunting challenges; they are exhausted physically, emotionally and financially.
In Tennessee, a government program, TennCare Choices, may assist disabled individuals, but traumatic brain injury survivors may not qualify for services under this program: its criteria includes complicated considerations and proof of a physical disability. Moreover, the legislature must earmark funds to help survivors and their care-givers. At this time, for this program in Tennessee, traumatic brain injury does not neatly fit within the category of physical disability. Consequently, those who fairly recently sustained brain injury may not qualify, but other individuals with traumatic brain injury, sustained in the past, may actually receive services, a maddening result if your loved one suffers from this injury and receives minimum public help. For example, R.J. suffered a brain injury from a horrible automobile wreck, but was grandfathered into the program and receives assistance. On the other hand, K.W., a survivor with high functional ability (the level of ability which one is capable of caring for oneself), does not receive assistance: her functional ability and financial need is not taken into account under current TennCare Choices guidelines.
In an effort to remedy this situation, certain legislators and private groups, such as the Crumley House, a source of aid and advocacy for brain injury survivors, are collaborating to register brain injury as a physical disability. If the legislature changes the law, survivors would qualify for services provided by TennCare Choices. Advocates push for a state Medicaid waiver, which would set aside funds for brain injury survivors’ use. In the meantime, advocates assist survivors in their quest to regain basic life skills. Groups such as the Crumley House toil to pair survivors with available local resources. Brain injury survivors want to live a normal life; they want their lives back.
If a loved one has survived a traumatic brain injury caused by a car wreck, accident or other injury or resulting from another’s careless or unfortunate act, regardless of whether you loved one qualified for government programs, you may have legal remedies and rights. Survivors and their families and caregivers need resources and funds to deal with the issues caused by traumatic brain injury. They need to know their rights. To learn about your rights and whether you are entitled to receive a monetary recovery, contact Attorney Perry A. Craft.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.