Why Is a TBI Victim’s Life Care Plan Important?

Why Is a TBI Victim’s Life Care Plan Important?

According to the CDC, traumatic brain injuries (TBI) are suffered by about 2.5 million people every year in the United States. Not all head injuries lead to a TBI, but when they do, they can have far-reaching effects on the family.  TBIs can also be caused when a patient does not get enough oxygen to the brain: these types of anoxic brain injuries generally occur in anesthesiology and birth injury cases.

Every facet of the future care of a TBI victim must be included in a life care plan. These care plans must be considered during negotiations and trials leading to an at-fault settlement for a fair compensation award. A life care plan must look at the components of care for the victim as they may face years of rehabilitation and could involve a lifetime of medical, psychosocial, and rehabilitative care, either in an institution or at the victim’s home. It must be meticulously planned and consider a range of necessary topics including future costs projections and adjustments in care and training or retraining for the life of the victim.

Brain Damage Symptoms

The effects of trauma on the brain produces a variety of symptoms, to include:

  • Physical, such as constant headaches, physical or mental fatigue, bouts of lost consciousness, seizures or paralysis, and/or sleep disorders.
  • Emotional, such as increased or decreased emotions, depression, irritability, heightened bouts of aggressiveness, and/or denial of symptoms.
  • Cognitive, such as difficulty processing data, thoughts, or understanding, short attention span, and/or memory loss.
  • Perceptual, such as balance problems, heightened or weakened pain tolerance, difficulty with taste or smell, and/or changes in hearing, sight, and touch perception.

Hope of Healing

One of the main priorities of a Life Care Plan is the rehabilitation and hope of healing. All TBI patients  must be considered for retraining and rehabilitation as part of a long-term recovery plan. This could include psychological/psychiatric care/support as well as:

  • Speech therapy
  • Physical therapy
  • Occupational therapy
  • Vocational or technical training

Although not all patients will be eligible for retraining right away due to axonal injuries that interrupt communications between the brain and other body parts, the possibility of this eventuality should be included in a victim’s life care plan.

Considerations for the Compensation Awards for TBI Victims

When an insurance company or civil jury decides compensation awards for seriously brain injured victims it is imperative that they are provided viable estimates of future costs to ensure proper indemnity to cover rehabilitation, including consultations with attending physicians; nursing requirements; experts in physical rehabilitation; and a lifetime of medical care. This information is provided in the form of a Life Care Plan.

The Outline of a Life Care Plan

A victim’s life care plan is a complicated document; a planner should gather all records pertinent to the patient before beginning the plan. Consultations with qualified professionals who have knowledge of the cost of living predictions must take place. The planner must establish future estimated expenditures.

GreeningLaw, P.C. Will Fight for Just Compensation

GreeningLaw, P.C. provides advice and counsel to the family of victims who suffered TBIs or other personal injuries on a contingency basis. We will be involved in every aspect of recovering just compensation, from gathering details and preparing documents to representing the victim in negotiations with insurance companies or in the courtroom. You will not have to worry about anything but recovery. We accept the stress of handling fees and expenses involved in the process so you can concentrate on your loved one’s recovery. Basically, what it means when you hire us to represent you in your claim is that if we do not receive compensation for you, there is no fee for our services.

Call (972) 934-8900 to reach Robert Greening, your personal injury advisor to set up a free consultation without obligation. Our discussion and future considerations will be strictly confidential. We will discuss and agree on everything before we agree to represent you, so there are no surprises. We fight the legal battle so you have time for healing and renewal. Call today!

Brain Injury Awareness Month

March is Brain Injury Awareness Month

According to the Center for Disease Control (CDC), “An estimated 1.7 million people sustain a TBI annually” with injuries ranging from moderate to life altering.

The following is an overview of how a TBI can change your life, how these accidents and incidents may occur, their symptoms, and how a professional personal injury lawyer can help those injured in accidents receive fair and adequate compensation.

Accident Types

  • Motorcycle accidents
  • Commercial truck accidents
  • Car accidents
  • Slip and Falls
  • Sports injuries
  • Birth injuries
  • Medical malpractice injuries

Most are aware, even those who are not avid sports fans, of the problem with concussions and the billion-dollar class-action lawsuit brought by the National Football League (NFL) Players’ Association and others against the NFL. Very few injuries or lawsuits are this involved; however, it is important to establish proper liability.

TBIs become more problematic when the responsibility for the expense of aftercare cannot clearly be determined. This is particularly true when there is a disability or paralysis. Should the NFL be held liable for a lifetime of concussions that quite likely started as early as the football player’s eighth or ninth year? This could be difficult to determine. 

Although most medical experts do not advocate an end to sports, as it is very beneficial in building the confidence of young players and providing a physical regimen to preclude obesity, when someone is injured or sustains a TBI, after treatment is started, the incident must be investigated to place the liability for the injury where it truly lies to ensure the best care possible or establish a shared responsibility if one exists, such as when the injury was due to a combination of faulty equipment and human error.

Once again, what appears to be a mild brain injury or concussion can be just as serious as an obvious severe head injury, although the symptoms may be less clear. A key indicator might be the location and the extent of the injury. A brain injury will not automatically develop into an impairment or an injury in need of long-term care or even disability. However, a proper diagnosis coupled with a treatment plan is necessary to minimize and control the damage and ensure stability and a period of recovery regardless of the source of the injury.

Brain Injury Symptoms

The symptoms associated with brain injuries depend on the force of the blow to the head and the area of the brain that was injured. The most common symptoms associated with these types of head injuries are:

  • Headaches
  • Shortened attention span
  • Memory loss
  • Trouble expressing feelings and thoughts
  • Difficulty understanding others

The effect or extent of a brain injury must be determined by neurological specialists through a thorough exam, utilizing computed tomography (CT) scans and magnetic resonance imaging (MRI) as soon as possible after the incident or accident. A victim of potential brain injury should be stabilized immediately to prevent further injury by determining if sufficient blood flow sustains the necessary oxygen to the brain.

What Can a Lawyer Do for Accident Victims?

If you or a loved one has been injured due to the negligence of another and sustained a serious TBI, speak with a personal injury attorney for advice. Some things a personal injury lawyer can help you do to obtain compensation for your injuries include:

  • Hiring accident investigators
  • Deposition of witnesses
  • Speaking with medical experts about your prognosis and medical treatment plan
  • Negotiating a settlement with the at-fault party’s insurance company
  • Filing a claim for compensation in court, when negotiations fail to reach an agreement for fair and adequate compensation
  • Represent you at trial, if necessary

A lawyer can also help you develop a Life Care Plan to help you plan for future healthcare expenses. This document will normally be necessary to justify a compensation award. By obtaining a compensation award settlement, you can have the financial resources in place to care for your family as you move forward in your recovery and life or care for a family member who has a traumatic brain injury. 

Contact Robert Greening, a personal injury lawyer, to learn what options you have available under the law that may allow you to obtain a settlement for a brain injury due to the negligence of another. While obtaining a monetary settlement cannot replace all that you have lost, it can help you or a loved one obtain the resources to lead a full life.

How to Get Professional Legal Assistance

Robert Greening of GreeningLaw, P.C. is a professional law firm that assists victims of TBIs in receiving the compensation they need to survive. Many victims of TBI are paralyzed or have had their lives cut short due to wrongful death. Those who survive this trauma will likely need some form of care for the rest of their lives.

We assist our clients using a contingency basis because we understand it is difficult for the victim or the victim’s family to bear the expense of expert witnesses, court fees, medical records processing, and the other necessary expenses required to ensure a proper conclusion. GreeningLaw, P.C. will not accept payment unless they receive compensation for you. If we do not recover, you do not pay.

Call (972) 934-8900 to set up a consultation with GreeningLaw, P.C., the personal injury attorneys you can count on to represent you every step of the way. At your free consultation, we will discuss every aspect of your claim, in plain English, we will agree on everything beforehand so there are no surprise fees or out of pocket expenses for you. At GreeningLaw, we fight the legal battle, so you have time for healing and renewal.