For head trauma accident victims whose injuries are caused by the neglect or misconduct of others, state law provides a means of securing financial help to deal with long term care and treatment costs
During this month’s National Traumatic Brain Injury Awareness Month (for details, see our prior post), one of the campaign’s goals includes educating the public on the incidence of brain injury and the needs of individuals who are injured and their families.
For those who suffer a traumatic brain injury (TBI), both the victim and their loved ones are often shocked to learn not only of the complexity of TBI care and treatment and how long-term it can be, but that because of both these factors, it can be incredibly and overwhelmingly expensive.
When the brain trauma is the result of an accident caused by the negligence or intentional conduct of one or more parties, then the civil personal injury laws of Indiana and Illinois can work to assist the victim and his (or her) family financially.
Claims can be filed forcing the responsible parties to cover these medical costs and long-term treatment expenses in legal damages assessed at trial or though negotiated settlements.
Treatment Planning and Injury Claims for TBI Victims
Serious injury to the human brain can happen in all kinds of accidents, to victims of all ages. Infants can suffer permanent brain damage as a result of defective car seats that fail during a car crash, for instance. Teens and young adults playing soccer, football, or hockey may sustain repetitive hits to the head, or a sudden single blow that causes a life-altering traumatic brain injury. Adults can fall on the job; elders can slip at a care facility.
TBIs are serious and often deadly bodily injuries that are the result of a variety of serious accidents. If these accidents are the result of negligence (or intentional conduct), then personal injury claims can be filed which establish the legal liability of those responsible as well as proving up the financial needs to cover past, present, and future medical treatment required for the TBI victim.
Accordingly, TBI accident victims and their loved ones will be wise to investigate and document, along with their advocates and medical treatment team, the exact needs of the TBI victim from the time of the traumatic event through the remainder of the TBI victim’s expected life span.
Defendants who are liable for the TBI accident damages may be required to cover continuing treatment needs as well as periodic needs that will arise occasionally. Those who are responsible for the accident must be asked to cover all the resulting TBI care and treatment costs.
TBI Care and Treatment Damages
What can a TBI accident victim and their loved ones include in an injury claim seeking care and treatment damages from those who caused the accident which resulted in the victim’s harm? TBI damages can include the following; however, each TBI case is unique and no two TBI claims will be identical.
Emergency Medical Care
- Evaluation by first responder (for instance, EMS Tech on scene)
- Emergency Transport
- Emergency Room Treatment
Hospitalization
- Intensive Care Unit
- Surgery (one or more)
- NeuroTrauma
- PolyTrauma
- In-Patient Long Term Care
Skilled TBI Care Facility
- Residential Living
- Rehabilitation
- Psychological Counseling
- Life Skills Re-training
Returning Home
- Outpatient Treatment
- Day Treatment
- Home Based Care Services
- Residential Transitional Rehabilitation Services
- Supported Home Living with Personal Assistant
- Supported Group Home Living
Permanent Nursing Home Care
- Skilled Care Facility
- Nursing Home Residency
Medications
TBI Accident Victims face a medicated life, from the moment they suffer the severe head trauma often for the rest of their lives. These necessary TBI medicines include:
For pain management as well as depressing the nervous system to help with sleep or mental responsiveness:
- Analgesics
- Sedatives
For coping with psychological needs, such as fear, anxiety, depression, or hallucinations:
- Anti-Anxiety Agents
- Anti-Depressants
- Anti-Psychotics
For dangers to the physical body in the aftermath of brain trauma, including seizures, blood clots, and spasms:
- Anti-Coagulants
- Anti-Convulsants
- Muscle Relaxants.
Estimating Long-Term Rehabilitation Costs for the TBI Accident Victim
Predicting the life-long financial needs of the TBI victim must be done with the help of professionals, including experts in actuarial tables (life span) as well as medical experts who can forecast the individual’s particular care and treatment needs.
Of particular importance here is correctly estimating the costs of the TBI Accident Victim’s brain injury rehabilitation costs.
All TBI Accident Victims need rehabilitation care. Not only does rehab help the body to heal (as much as it can) in the short term, but it helps the brain re-learn and adapt to new ways to do things, which can be as vital as learning to speak, sit, or walk again.
The hope of rehabilitation is to get the TBI victim back into a safe and independent life, however different that may be from the daily activities and lifestyle the victim enjoyed prior to the permanent head trauma.
Unfortunately, money counts here. Rehab is expensive. Insurance companies will want to count the days and limit the time that the TBI Accident Victim has access to needed rehabilitation. Defendants denying responsibility may also discount and disrespect the extent of the injury victim’s rehab needs.
Nevertheless, the TBI Accident Victim should demand extensive rehabilitation care and treatment costs from those who caused the accident and its resulting injuries.
These include covering:
1. Inpatient Rehabilitation
Medical providers will move the TBI Accident Victim into rehabilitation as soon as they can. This phase is called “acute rehabilitation,” and is an inpatient treatment. Here, the TBI victim masters basic living tasks such as speaking, dressing himself (herself), using the toilet independently, and being able to feed themselves (using a fork, knife, spoon, straw, etc.)
2. Transitional Rehabilitation
Many TBI Accident Victims leapfrog from inpatient hospital care to a rehab facility before returning home. Here, in “post-acute rehabilitation,” the goal is independence. Most transitional rehab programs have the TBI Victim working all day long, on a variety of tasks, to achieve their maximum ability to live an independent life.
3. Daytime Rehabilitation
TBI Accident Victims can transition home at night, while continuing rehab in a facility that offers rehab during the day. This can continue for as long as necessary, until the TBI victim feels comfortable spending more time independently in their home setting.
4. Periodical Outpatient Rehab after Returning Home
Once the TBI Accident Victim successfully returns home to live, he or she will still need guidance and help for a significant period of time. Here, while living at home, they can receive outpatient therapies to support and assist their recovery.
5. Nursing Home Rehabilitation
Some TBI Accident Victims are so traumatized that they are not candidates for transitional rehab programs. These TBI Victims must deal with functional challenges that are best served in a skilled nursing care facility.
Seeking Financial Justice for Traumatic Brain Injury Accident Victims
In claims based upon auto accidents, defective products, negligent supervision, on the job work injuries, nursing home abuse or neglect, and more, the TBI Victim will need help to make sure that those responsible for their bodily injuries take financial responsibility for the long-term consequences.
Traumatic Brain Injury Claims will cover significant immediate medical care and treatment costs, as well as major long-term rehabilitation needs. It is vital that these accident victims and their families assert claims that adequately cover past, present, and future care and treatment needs of the TBI Accident Victim.
In both Indiana and Illinois, personal injury laws can help to provide care, support, and recompense to TBI victims and their families. However, they must be able to prove both liability and these extensive medical damage claims in order to find justice. Often expert testimony will be required, along with extensive documentation and long-term forecasting care analysis. Please be careful out there!
