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¿Qué evidencia se necesita para una demanda por lesión cerebral traumática en Ohio?

Traumatic Brain Injury Lawsuit in Ohio
Los residentes de Ohio que quedan discapacitados permanentemente pueden ser elegibles para solicitar el Ingreso de Seguro Social por Incapacidad (SSDI) o el Ingreso de Seguridad Suplementario (SSI) a través del gobierno federal. Estos programas brindan un beneficio mensual y acceso a un seguro médico para personas que no pueden trabajar debido a una discapacidad física o mental. Desafortunadamente, la Administración del Seguro Social niega un gran porcentaje de solicitudes de SSDI y SSI. Recibir beneficios federales por discapacidad a largo plazo e ingresos suplementarios a menudo requiere luchar a través de múltiples apelaciones. Una persona discapacitada puede incluso tener que ir a la corte para obtener beneficios. Los abogados de discapacidad del Seguro Social con sede en Columbus y Barkan Meizlish DeRose Cox, LLP, han asesorado y representado a los solicitantes de SSDI y SSI de todo Estados Unidos desde 1960. De hecho, fuimos de los primeros en centrarnos en ayudar a los miembros más vulnerables de la sociedad a asumir El programa de discapacidad de la Seguridad Social.

Ejemplos de negligencia en la lesión cerebral traumática

Cada caso requiere su propia evidencia específica, pero es posible proporcionar ejemplos generales. Por ejemplo, un conductor que causa un accidente automovilístico que deja a una persona en otro vehículo que sufre un TBI sería negligente o imprudente. Del mismo modo, un paciente que sufre una pérdida de oxígeno durante una cirugía podría deberse a la negligencia de un anestesiólogo. Es importante destacar que los tribunales de Ohio reconocen el principio legal de negligencia comparativa. Esto significa que, para tener éxito con un reclamo de seguro o una demanda civil, una víctima de TBI solo necesita demostrar que el acusado tiene el 51 por ciento o más de la responsabilidad de infligir una lesión cerebral. La compensación puede reducirse para reflejar la cantidad de responsabilidad compartida por la víctima.

Mostrando que un acto negligente o imprudente infligió una lesión cerebral

La evidencia de que una persona sufrió una lesión cerebral traumática puede ser muy clara. Por ejemplo, casi nadie dudará de que una caída o un choque causado por un camionero que resulte en una fractura de cráneo podría dañar gravemente el cerebro de una persona. Del mismo modo, una persona que se paraliza o necesita ayuda con las actividades de la vida diaria (levantarse y levantarse de la cama, cepillarse los dientes, vestirse) debe experimentar un empuje mínimo cuando afirma que sufre una lesión cerebral traumática. Sin embargo, las lesiones cerradas en la cabeza pueden generar preguntas de los representantes y jurados de las compañías de seguros. En un caso en que puedan surgir dudas legítimas sobre la existencia de una lesión cerebral traumática, la persona que presenta una demanda o demanda de seguro puede confiar en:
  • Diagnósticos de médicos y especialistas médicos como neurólogos;
  • Evaluaciones de terapeutas ocupacionales y expertos vocacionales;
  • Exámenes por psicólogos y psiquiatras;
  • Testimonio de amigos, familiares y compañeros de trabajo.
Statements made by the people who know the TBI victim best will carry a lot of weight. The changes a person undergoes following a TBI can be profound even if they are not immediately apparent.

TBI symptoms can include, but are not limited to:

  • Dolores de cabeza;
  • Hormigueo y entumecimiento en diferentes partes del cuerpo;
  • Cambios de humor que abarcan toda la gama, desde profundas depresiones hasta furias incontrolables;
  • Dificultades para formar y retener nuevos recuerdos;
  • Problemas para entender y comunicar ideas; and
  • Problemas para recordar cuidarse, por ejemplo, comiendo y bañándose.
Los seres queridos y los compañeros cercanos pueden hablar poderosamente sobre estos síntomas de TBI a menudo ocultos que también los afectan.

Asistencia de un abogado de Ohio TBI

Nuestra experiencia en asesorar y representar a las víctimas de TBI en Columbus y en todo el estado de Ohio es que las compañías de seguros tratarán de minimizar o negar acuerdos incluso por las lesiones cerebrales más obvias. Esta desafortunada realidad hace que reunir, organizar y presentar evidencia clara y convincente de los expertos y las personas que viven y trabajan con la víctima de lesión cerebral sea doblemente importante. Si usted o su familia necesitan ayuda con un caso de TBI, informe a nuestros abogados de lesiones cerebrales traumáticas de Columbus cómo podemos ayudarlo. Ofrecemos consultas gratuitas sobre todo tipo de reclamos por lesiones personales, y tomamos citas en línea. También puede hablar con un abogado en Barkan Meizlish DeRose Cox, LLP, llamando al (614) 221-4221.
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