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An Estimated 5.3 Million Americans (a little more than 2 percent of the U.S. population) currently live with disabilities resulting from traumatic brain injury. Every 21 seconds, one person in the U.S. sustains a traumatic brain injury.
Glossary of Legal Terms for People with Traumatic Brain Injury
This glossary gives the basic meaning of some of the laws and legal terms that may be used in resources for people with traumatic brain injury (TBI). This glossary should not replace advice from a lawyer. The terms are written simply to provide common meanings and not all meanings.
Nevada Statute 426A.010 provides the following definition as of 2011:
"Traumatic brain injury" means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:
(a) A cerebral vascular accident;
(b) An aneurism; or
(c) A congenital defect.
Traumatic brain injury (TBI) Definition:
An insult to the brain, not of degenerative or congenital nature caused by an external physical force that may produce a diminished or altered state of consciousness, which results in an impairment of cognitive abilities or physical functioning. It can also result in the disturbance of behavioral or emotional functioning.
Acquired brain injury ( ABI) Definition:
Injury to the brain which is not hereditary, congenital or degenerative that has occurred after birth. (Includes anoxia, aneurysms, infections to the brain and stroke.)
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1.5 Million Americans sustain a traumatic brain injury each year.
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Each year, 80,000 Americans experience the onset of long-term disability following TBI.
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More than 50,000 people die every year as a result of TBI.
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The risk of TBI is highest among adolescents, young adults and those older than 75.
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After one brain injury, the risk for a second injury is three times greater; after the second injury, the risk for a third injury is eight times greater.
Activities of Daily Living (ADL) Things people must do everyday or very often such as bathing, dressing, eating, perparing meals, shopping, washing clothes, and dishes, and cleaning house.
Advance Directive
A document people create to explain what type of health care they would accept and would not accept if they were to get sick. The Directive is only used if the person gets so sick that they cannot think clearly or tell people what medical decsions to make.
Affidavit A written statement that a person makes under oath and promises to be true.
Americans with Disability Act (1990)A Federal law that says you cannot discriminate against people with disabilities. You cannot discriminate based on employment, transportation, access to government services, access to public places, and businesses.
AppealTo ask for review of an agency or court decision.
Class ActionA lawsuit brought by one or more people on behalf of a much larger group of people who share the same legal problem. Class actions are used in cases where so many people have the same legal problem, it would take too long for a judge to hear and decide each person’s case separately. Instead a judge will look at the evidence of a few people who brought suit. Based on their experiences, the judge will make a decision that will apply to the larger group, which is called a “class.”
COBRA The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events. Qualified individuals may be required to pay the entire premium for coverage up to 102 percent of the cost to the plan.
Comparative Negligence A state law requiring a judge or jury to reduce the amount of money a person injured or killed in an accident is awarded in damages by the percentage the person was at fault compared to the fault of the person who caused the accident. Not all states have this law.
Competency or CapacityThe legal capacity to testify in a court of law; eligibility to be sworn. People with traumatic brain injury may lack competence in handling their financial affairs. A Guardian Ad Litem is used in these cases.
DamagesAn award of money to be paid to a person as compensation for loss or injury.
DeductibleIn an insurance policy, the deductible is the portion of any claim that is not covered by the insurance provider. It is the amount of expenses that must be paid out of pocket before an insurer will cover any expenses.
Defendant The person who isbeing sued in court for the wrong doing.
Developmental disability
A term used in the United States and Canada to describe life-long, disabilities attributable to mental and/or physical impairments, manifested prior to age 18. It is not synonymous with "developmental delay"[1] which is often a consequence of a temporary illness or trauma during childhood.
Discriminate Discrimination A sociological term referring to the prejudicial treatment of an individual based solely on their membership (whether voluntary or involuntary) in a certain group or category. Discrimination is the actual behavior towards members of another group. It involves excluding or restricting members of one group from opportunities that are available to other groups.
Durable Power of Attorney
A legal document that appoints a person or agency to use your money to pay your bills and make medical decisions.
Estate Plan
A plan for how a person's property should be handled after the person dies or becomes unable to make informed decisions about their property because of a disability.
Family Medical Leave Act
A 1993 federal law requiring employers with more than 50 employees to provide eligible workers up to 12 weeks of unpaid leave for births, adoptions, foster care placement, and illnesses of employees and their families.
Federal Law
Laws that apply equally to all Americans no matter where they live in the United States. Federal Laws are different from state laws as they apply only to individuals who live a particular state.
Independent Living Services
Services that help a person with disabilities live on their own. Services may include advocacy, independent living skills training, information and referral and peer counseling.
Individual Education Program (IEP)
A plan a student must have in order to get free special education services from a school. The IEP must include annual goals for the individual and a description of any special services a student needs to participate in school. The plan must be agreed upon by the child's teacher, parents and professionals who have tested or worked with the child.
Incapacity or Incompetency
A legal decision made by a Judge that a person lacks the ability to take action or make informed choices about their property, health, or living situation.
Individuals with Disabilities Education Act (IDEA)
Requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs.
Life Care Plan
A plan that looks at how a person will pay for medical and non-medical needs and goals in the future. The plan includes personal choices about where the porson wants to live in the future, what health care she is willing to accept, and who the person wants to provide needed health care and other supports.
Managed Care Organization
A managed care organization offers its members a range of health care services for a set monthly fee (often with co-payment s and deductibles)
Mediation
Voluntarily asking a neutral third party known as a "mediator" to resolve a dispute. The mediator will listen to arguements of both sides and attempt to negotiate a resolution. The negotiation is not binding on either party until agreed to by both parties.
Medicaid or Medical Assistance
A joint federal and state program that provides health care for people with very limited income and resources. Every state has different rules about who qualifies for Medicaid and what they can receive. In most states, those who qualify for Supplemental Security Income (SSI) automatically qualify for Medicaid.
Medicare
The national health insurance program to which all Social Security recipients who are either over 65 years old or permanently disabled are entitled. Medicare beneifits should be the same whichever state you live in. Medicare is similar to private insurance since it pay a portion of the cost of medical care and usually charges a co-payment or deductible. Part of the program is paid for with payroll taxes paid into Social Security by employers and employees. Another part of the Medicare program is paid for by monthly patments paid by people receiving.
Plaintiff
A person who brings a lawsuit against another person or corporation
Power of Attorney
A document used to appoint a person or an agency to make certain decisions for you. The power of attorney spells out exactly what decisions the person or agency can make for you. The term "durable" is used if the power of attorney appoints a person or agency to act on behlaf of someone who is unable to act because of disability.
Settlment
When both the person who brings a lawsuit and the person who is sued in a lawsuit agree to resolve their dispute without going through a court trial.
Skilled Nursing Care
Daily nursing and rehabilitative care that can be performed only by or under the supervision of skilled health care providers.
Subrogation
When an insurance company pays the claim of a policy holder, the policy holder then gives the insurance company the right to seek money back from the person or manufacturer who caused the accident or damage. This is called subrogating the claim.
Supplemental Security Disability Income (SSDI)
A federal program for people who have worked for several years and who become severly disabled and unable to return to work for at least a year. In order to qualify,a person must have almost no resouces or money saved. The program gives the poerson money every month to pay for food, clothing, and shelter.
Tricare
A health care program for active duty and retired uniformed services members and their families.
Traumatic Brain Injury (TBI)
An injury caused by a blow or jolt to the head, penetrating head injury, or by being violently shaken that disrupts the function of the brain. A TBI can change how a person acts, moves, communicates, and thinks. The term TBI is not used for brain injuries that happen during birth; those are called developmental disabilities.
Traumatic Brain Injury Act
A federal law passed in 1996 that creates programs to assist people with TBI and to help prevent TBI. For example, the TBI act helps to provide 1) grants to states to provide services for people with TBI; 2) Money to the National Institutes of Health (NIH) to do TBI research; 3) money to the Centers for Disease Control and Prevention (CDC) to collect data on TBI; 4) grants to state protection and advocacy programs to provide free legal services and information to people with TBI.
Vocational Rehabilitation
Services and supports that help a person with disabilities get a job, fo to school, or get a volunteer position. For example: job counseling, computer training, and help finding a job. Allstates receive federal funding to run vocational rehabilitation programs. These are places people with disabilities can go to and request free vocational rehabilitation services and speak to job counselors.
Workers' Compensation
A state program that requires employees to pay the cost of medical treatment and some lost pay for employees who are injured on the job. The employer pays regardless of who was at fault. In return, employees give up their right to sue employers even if the injury was the employer's fault. Exceptions exist if the employer was grossly negligent or intentional in causing the injury.
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