Long-Term Traumatic Brain Injury Care And Costs 

One of the most devastating injuries experienced by accident victims is traumatic brain injury, or TBI. TBIs can range in severity and be temporary or permanent. Permanent TBIs could require a change in career, or even disability so severe that working is no longer possible. Here, the TBI could stabilize or require the accident victim to attend medical treatments for the rest of their life. All of this substantially increases how much the patient should demand when pursuing compensation for their injuries. But estimates for long-term TBI care must be reasonably accurate for the plaintiff to be taken seriously. And insurance companies aren’t eager to pay up on high-value claims. Total lifetime medical expenses for a TBI patient can range anywhere from $85,000 to $3 million. In addition to medical costs, a TBI plaintiff should pursue compensation for lost wages, lost earning potential, pain and suffering, and more. Why would a TBI patient, with all they have been through, want to miss out on a single cent of that? Set yourself up for success by hiring Arizona’s personal injury team. Contact My AZ Lawyers for your free consultation at 480-833-8000. 

Questions For Your Neurologist

If you experience a TBI in an accident, you will likely be treated by a neurologist. They will play an important role in your personal injury claim, as well. Their expertise can validate your demands in a powerful way. Testimony, affidavits, and other official opinions from a neurologist can convince a jury that your case is worth as much as you say it is. There are certain questions you can ask that will be very effective in court, such as:

Am I now at risk for any secondary conditions?

Experiencing a serious TBI also increases the risk of developing other neurological conditions. Some of them may even be considered worse than the TBI itself. A TBI can often lead a patient to develop seizures at some point in their life. It can also lead to headaches, migraines, and even potentially early-onset dementia. These risks, and the stress you feel due to facing them, should be pursued as damages in your claim. 

What is my Medical Maximum Improvement forecast, or MMI? 

MMI is an important concept in personal injury law. It designates how much better a medical provider thinks their patient will get. MMI is the point where a patient’s condition is unlikely to improve, which can change the course of care. 

Will I need Durable Medical Equipment, or DME, in the long-term?

Having to procure and maintain DME for the rest of your life can be inconvenient and come with other negative effects that decrease quality of life. A TBI patient could need a wheelchair, specialized bed, and endless other devices to assist them after reaching the point of MMI. This should be factored into long-term medical care costs. 

Can you describe my specific cognitive deficits for a vocational expert?

Simply telling the court you have a TBI won’t cut it to receive a personal injury award. Your neurologist should give you specific terms for your symptoms to better relay the extent of your injuries. For example, you could have short-term or long-term memory loss, sensitivity to light, executive dysfunction, etc. All of these could interfere with your ability to work and increase your lost wages demands. 

Certified Life Care Planners

In high-value claims, it can be worth the plaintiff’s time to bring in a certified life care planner. Certified life care planners are health care professionals who can work with injury attorneys to assign a budget to a patient with long-term medical needs. Medical care could include routine exams as well as future diagnostic imaging, surgery, etc. You could need an attendant to help you deal with long-term TBI effects. This could be in the form of a home health aide or your transfer to an assisted living facility. You may have ongoing therapeutic needs, such as physical, speech, occupational, or talk therapy. You may also need to make modifications to your vehicle or home to help you adjust to life after a serious TBI. Doors could need to be widened to allow for a walker or wheelchair, which could also require ramps, or your vehicle could need a switch to hand controls. Your certified life care planner can help you determine the costs for all of these medical needs. Your personal injury attorney may already have a planner or company with which they prefer to work. Don’t forget to consider the cost of hiring a certified life care planner for your case, if you plan to do so. 

Statutes of Limitations in TBI Cases

When an accident victim wants to file a lawsuit against the party at fault for their injuries, they must do so within a certain time frame. This time frame is known as a statute of limitations. A statute of limitations can be highly relevant for a plaintiff with a serious TBI requiring long-term care. Estimating total demands can be complex if the plaintiff hasn’t yet reached their MMI point. But lawsuits can’t drag on forever, so there are still statutes of limitations set in place by Arizona law. For the vast majority of personal injury claims in Arizona, the applicable statute of limitations is 2 years from the date of the accident. But there are several special factors that could cause a different statute of limitations to apply. If the plaintiff is a minor child, the statute of limitations doesn’t begin running until their 18th birthday. If the plaintiff doesn’t know of their injuries or know who is responsible, the statute of limitations doesn’t begin running until they gain that knowledge. And if the defendant is a government entity, the plaintiff must file a Notice of Claim for their case within 180 days of the accident. This could be well before treatment for a serious TBI is completed, requiring input from experts on what care (and costs) will be required in the future. Your medical team and your attorney can determine the best course of action based on where you are in treatment in relation to the statute of limitations. 

Have a Serious TBI Due to an Accident in Arizona? Consult with an Experienced Attorney About Your Injury Claim Today. 

If you have a TBI and any other serious injuries after an Arizona accident, the outcome of your personal injury claim will impact the rest of your life. There will be endless appointments, professionals to coordinate with, and hoops to jump through presented to you by the other party’s insurance company. Unless you retain a personal injury firm for your case, these responsibilities will be yours to shoulder alone. And with how much serious TBI cases could be worth, you could potentially lose out on funds that would set you up for life. Our firm is staffed by experienced lawyers who charge fair contingency rates for our valued clients, so we only get paid if you win. And our competitive rate means you’ll take home more than if you retain another local personal injury firm option. Want to discuss your potential Arizona injury claim with no risk or obligation? Contact My AZ Lawyers for your free consultation today at 480-833-8000 for more information.