For Some, Brain Injury Could Result in Nursing Home Residence

Lakewood, Colorado Personal Injury Lawyer Serving Denver, Boulder, and Nearby Areas

Posted: April 30, 2018

When someone suffers a brain injury, there are a number of complications that can appear. Depending on the severity of the injury, there may be mental, physical, emotional, and even financial issues. It is likely that there will be some combination of the four in most cases, as the damage caused by a brain injury often begins as a physical one that causes mental and emotional anguish as well as financial restrictions related to care and a limited ability to work. If there is a party that can be blamed for such an injury, the victim often pursues a claim against said party to help gain closure, as well as financial support.

Not all suits for individuals with brain injuries are seeking a financial award. A recently settled class-action lawsuit in another state outside of Colorado may allow individuals with brain injuries who have been placed into nursing homes for necessary medical care to move out and into community programs geared toward their ailments. According to reports, some of these individuals, including the lead plaintiff, have lived in nursing homes for as long as a decade. The state where they live put them into nursing homes, even though the environment is not ideal for such individuals.

A suit was filed in 2007, accusing the state of forcing victims of brain injury into nursing homes by not providing any suitable alternatives. Reports indicated that of the 8,000 individuals with brain injuries that were living in nursing homes, about 25 percent were both able and had a desire to live in supportive community setting rather than in a nursing home. Through the pending settlement, many of these people will have the ability to relocate and the funding given to the nursing homes for their care will be transferred along with them. Though not all of the people who want to move will be able to, officials are expecting the program will expand over time to cover everyone who wants to be covered.

If you or a loved one have suffered a brain injury because of another’s negligence, contact an experienced Colorado personal injury attorney to learn more about your rights and options. You may have a civil case against those responsible, allowing you to receive financial compensation for your injuries.

Wicked Local, “Settlement could help people with brain injuries get new homes” David Riley, Jul. 05, 2013

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