How You Can Be an Advocate for a Loved One with Brain Injury
Individuals who have suffered from brain injuries require significant support to adjust to their new lives and to ensure their basic needs are met. They often rely upon family members and friends to assist them at a time in their lives when they are most vulnerable. Unfortunately, getting the help that survivors need is not always easy. But there are ways that loved ones can be advocates for those with brain injuries. In observance of this year’s Brain Injury Awareness Month, the attorneys of Rosen Hagood are focusing on just a few of those ways:
Take the time to understand the brain injury. No one can be an effective advocate without first knowing the nature of the brain injury. And because every brain injury is different, there’s no simple answer for the type of condition facing your loved one. The good news is that there are more resources than ever when it comes to learning about the specific injury your loved one has experienced. More often than not, the first place to start learning is the survivor’s treatment team.
Coordinating with the survivor’s medical providers. If you haven’t already, you need to establish a relationship with the survivor’s medical team. Not only will those providers be able to inform you about brain injury symptoms and other information, but they will also enable you to properly look after and maintain the health of your loved one in the event conditions worsen or more care is needed. Note that, because of health privacy laws, this step may require taking legal action, which we discuss below.
Stay organized. Serving as an advocate presents a tremendous learning curve, especially if you have little or no knowledge about brain injury. As an advocate, you will work with a variety of third parties: medical, legal, financial, and others. Staying organized is essential and involves keeping detailed notes on your work with these third parties and maintaining any and all records necessary to best serve the interests and needs of the survivor.
Handling insurance and finances. Survivors will likely need assistance with insurance (especially if the brain injury was recent) and financial matters. Dealing with insurance companies can be messy, particularly because insurers will work hard to deny coverage. Meanwhile, the survivor’s finances may be complicated by investments or business interests. Retaining the services of an attorney or accountant may prove essential.
Consider the services of a caretaker. Whereas an advocate is responsible for defending the survivor’s rights, a caregiver is someone who looks over the individual’s basic daily needs. Caregivers perform a variety of different services, depending on the severity of the injury. As an advocate, you want to ensure that any caregiver is properly screened, experienced, and will best serve your loved one.
Regular interaction with the survivor. If you live a considerable distance from the survivor or are not in regular contact, you may not be the best person to serve as his or her advocate. Regardless of whether you hire a caretaker, you need to be closely involved with the survivor so you can know whether his or her conditions worsen and whether your advocacy is effective.
Learn about available resources. You may have specific questions about the injury or simply want to know how to get started as an advocate. There are countless resources available online and elsewhere. A great place to begin is the Brain Injury Association of South Carolina. BIASC’s website is full of free information that can help anyone become an advocate.
Hiring a brain injury lawyer. There’s a good chance you will need an attorney to help navigate various legal issues that may arise in connection with the survivor’s injury. There are different types of attorneys depending on the particular circumstances. For instance, if the injury was caused by someone’s negligence, you may require a personal injury lawyer. Or you might need the help of a probate attorney to establish a conservatorship or guardianship to manage the survivor’s legal and financial affairs.
Every survivor needs an advocate. Understanding the survivor’s injury and the impact that injury has had on the survivor’s life allows advocates to best serve their brain injured loved ones.
About the author: Andrew Gowdown currently serves as the president-elect of the Brain Injury Association of South Carolina Board of Directors. He is an attorney with Rosen Hagood in Charleston, South Carolina, and focuses his practice on helping clients with their complex personal injury cases. He has represented and worked with survivors of traumatic brain injuries for over twenty years.