Traumatic brain injuries, or TBIs, are some of the most catastrophic injuries a person can suffer. TBIs often cause long-term symptoms that interfere in multiple ways with a person’s ability to live a normal life. These symptoms include cognitive issues, loss of motor control, emotional issues such as sadness and depression, and even behavioral changes such as increased aggression.
Long-term care is often the best way to treat a traumatic brain injury, but long-term care costs a lot of money. If you’re suffering from the effects of a traumatic brain injury because someone else was negligent, you should demand compensation for long-term TBI care in your personal injury settlement.
Personal Injury Claims for TBI Compensation
Legal options for catastrophic injuries include:
- Filing a personal injury claim against the person who caused your injury.
- Filing a personal injury lawsuit if their insurance company will not settle your claim.
Insurance disputes for TBI treatment are common because long-term TBI care is extremely expensive. The insurance company doesn’t want to pay for your care unless it has no choice, so it may attempt to use tactics such as:
- Downplaying the severity of your injuries and the extent of the care you need.
- Denying its client’s responsibility for your accident.
- Offering a lowball settlement far smaller than what you need for long-term care.
- Delaying a settlement in hopes of running out South Carolina’s three-year statute of limitations.
Rather than dealing with the insurance company’s deceptive tactics yourself, it’s always a good idea to seek the help of a personal injury lawyer experienced with traumatic brain injury cases.
Third-Party Liability in TBI Cases
In any TBI case, you must prove that another person’s negligence caused your injury to collect compensation. For instance, if you suffered a TBI because of a car crash, the other driver may be liable. In some cases, you can also prove third-party liability in a TBI case. For example, a trucking company may be liable for pushing its driver to drive too many hours without sleep, thus leading to the accident that caused your traumatic brain injury.
Compensation for Traumatic Brain Injuries
The compensation available in a TBI case is often substantial, including:
- Medical expenses
- Lost income
- Pain and suffering
- Emotional distress
Future medical costs after a brain injury are frequently extensive, and any settlement you accept should cover all of them. Medical expenses for brain injury patients can include:
- Long-term rehabilitation
- Home healthcare
- Assisted living
Long-term rehabilitation costs for TBI can be extremely costly. According to Codman Surgical, rehabilitation for a TBI can cost nearly $1600 a day, but without rehabilitation treatment, many TBI patients will struggle to perform basic tasks like walking.
Other Costs to Consider
What about home healthcare and TBI? According to the Centers for Disease Control, 33% of TBI sufferers need help from others to complete everyday activities. Long-term nursing care is expensive, and your settlement should cover the entire cost. Assisted living costs for severe TBI are also a factor for many victims. The CDC reports that 12% of all TBI patients live in institutions such as nursing homes.
Life care planning for brain injury patients is part of the process of determining how much compensation you should demand for your injuries. According to an article on PubMed, a life care plan is a comprehensive look at your lifelong needs and the costs associated with meeting those needs. However, a life care plan only addresses your medical expenses, which is only a portion of the compensation you should seek for your injuries.
You should also demand compensation for your lost wages, commissions, and other lost income from time missed at work due to your injuries. If you are no longer able to perform the same duties you performed before the accident, you are also entitled to loss of earning capacity compensation.
Pain and suffering damages in TBI lawsuits can also be substantial, as a TBI causes many painful symptoms that can endure for years. While the settlement in a TBI case is often substantial, that doesn’t mean it’s in any way excessive. According to the CDC, moderate to severe TBI sufferers are 50 times more likely to die from a seizure and nine times more likely to catch a fatal infection. A TBI is often a life-changing injury.
Proving the Long-Term Impact of TBI on Legal Claims
To prove the long-term impact of your traumatic brain injury, your lawyer may call expert witnesses to take the stand. The testimony of an expert witness who specializes in traumatic brain injuries can convince a jury that the injury will require long-term care and that the person responsible for your injury should compensate you for the cost of that care.
Structured Settlements for Brain Injuries
In a structured settlement, the insurance company agrees to invest a sum of money and then send you recurring payments drawing on both the principal and any interest from the investment. Rather than a lump sum, a structured settlement divides your compensation over time. Depending on the circumstances, this can be for the rest of the injured person’s life.
Structured settlements for brain injuries are a common way of resolving a personal injury claim. If you’re facing long-term costs such as home healthcare or assisted living, a structured settlement can provide you with recurring payments that will allow you to cover your expenses. A structured settlement can provide tax benefits and much-needed financial stability while making it possible to plan for long-term care.
Government Benefits for TBI Victims
Along with the compensation you’re entitled to receive from the person who injured you, there are also government benefits for TBI victims. Permanent disability from TBI is not uncommon. According to the CDC, 57% of TBI victims are still moderately to severely disabled five years after the accident. 55% are not employed, despite being employed at the time they were injured. A personal injury lawyer can help you apply for Social Security Disability or assist you with your appeal if your application is denied.
Contact a South Carolina TBI Lawyer Today
Murphy Crantford Meehan is a personal injury law firm serving Charleston, South Carolina. We have extensive experience with traumatic brain injury (TBI) claims and have a long track record of obtaining significant personal injury settlements for TBI. If you or someone you love is dealing with the terrible consequences of a traumatic brain injury, you may not feel like you know what to do next. Let us help you find a path forward. Contact Murphy Crantford Meehan today.
