Louisiana’s Traumatic Brain and Spinal Cord Injury Trust Fund Program

On Behalf of | Feb 13, 2024 | Traumatic Brain Injury

If you were involved in an accident and someone injured you severely, perhaps in your head or spine, you are likely to suffer for the rest of your life. Not only is your past life gone, but you are no longer the individual you used to be and that person cannot come back.

The state of Louisiana created a law in 1993 that imposes additional fees to motor vehicle violations for certain offenses, like driving under the influence, reckless driving and speeding. The goal of this program it to help citizens who suffered traumatic brain and spinal cord injuries.

This program provides a list of essential and non-essential benefits that the state believes these victims deserve. For example, it provides medical evaluations and rehabilitation services, but is also provides citizens things like personal care attendant services and vehicle accessibility modifications.

Of course, the state has strict requirements to ensure that these benefits are reserved for the people who need them the most. Some of these requirements include:

  • Meeting the state’s definition of a traumatic head or spinal injury, caused by an external force resulting in conditions called paraplegia and quadriplegia (one or the other.
  • With a brain injury, the impact must have produced a diminished or altered state of consciousness, resulting in impairments, both physical and cognitive.
  • Being a resident of the state of Louisiana and have been living in the state at the time of the accident. The individual also must live in the state while they receive services.
  • Having somewhat of an expectation of a reasonable recovery if they are provided with support. The individual’s physician often determines this.
  • Having exhausted other public sources and benefits, like Medicare or Medicaid.

In addition, they must agree to receive the benefits, apply for the benefits and comply with a few other requirements. These are the major ones, however, and represent the hardest part of qualifying for these benefits.

Dealing with a brain or spinal injury is traumatic enough. This can alter a person’s life forever, as it usually does, and it also affects their family’s life, especially if they used to work and contribute financially. Sometimes, the injured person was the primary breadwinner.

The program can cover a variety of expenses that insurance does not pay. The goal is for the person to live comfortably and independently.