An Alternative for Injured People When a Lawsuit is not an Option

On behalf of Robinette Legal Group, PLLC

Spinal cord and traumatic brain injuries can be devastating, both physically and financially. For some people, insurance will satisfy their needs; for other people, a lawsuit may provide the compensation that they require to take care of themselves. If those two sources are not available, however, there is another place that injured people can turn to in West Virginia.

The West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund was created to help individuals pay for rehabilitation services after suffering serious brain or spinal cord injuries. The stated goal of the fund is to increase opportunities for individuals and help them achieve some measure of independence so they can return to a more productive lifestyle.

More specifically, the fund was set up to assist individuals with obtaining and paying for services such as:

• Rehabilitation-related therapies
• Attendant care
• Home modifications to aid accessibility
• Necessary medical equipment or medical devices
• Counseling and support services for individuals and their families

Of course, individuals must meet certain qualifications in order to receive assistance from the fund. For instance, the program is only available to citizens of West Virginia. In addition, the fund is available as a “payer of last resort,” which means that the fund can only be used for individuals who have been denied insurance benefits and have applied to and been denied by all other agencies that are mandated to provide similar services to injured individuals.

Once someone has been denied benefits from those sources, the board that controls the fund will determine if any other agencies could provide services. If there are no other viable options, the fund can be used to provide services for the injured person.

While this fund provides a type of safety net for individuals who have suffered traumatic brain or spinal cord injuries, the most direct way of achieving the services and compensation you need is still through a lawsuit against the responsible party, or through benefits from your insurance carrier. To find out more about your options, speak with a personal injury lawyer.