Traumatic Brain Injury and Life Care Plans: Resources for the Personal Injury Attorney

Traumatic brain injuries (TBI) and anoxic brain injuries present unique challenges when it comes to both evaluating and planning for long-term care. For personal injury attorneys handling cases involving such injuries, understanding the range of potential needs is critical. Whether the plaintiff requires minimal support or a lifetime of intensive care, a comprehensive life care plan (LCP) will be essential for evaluating future needs.

This brief guide highlights key resources and considerations for attorneys working with clients who have sustained TBIs, particularly those in need of life care plans.

Key Considerations for Evaluating a TBI Case

When evaluating a TBI case, it’s crucial to understand the full scope of care and services that the plaintiff may require, both immediately and over their lifetime. Some plaintiffs may need minimal interventions, while others may face years of rehabilitation, long-term care, or even 24/7 assistance.

Common Areas of Need Include:

  • Ongoing Medical Care: Medical follow-up, management of brain injury symptoms, and specialized neurological care.
  • Physical, Occupational, and Speech Therapy: For motor, cognitive, and communication impairments.
  • Pain Management: Including medication management, injections, or surgical interventions.
  • Durable Medical Equipment (DME): Wheelchairs, adaptive devices, and mobility aids.
  • Home Modifications: Accessibility adjustments such as ramps, grab bars, and home elevators.
  • In-Home Assistance: Personal care services for activities of daily living (ADLs) and household management.
  • Psychosocial Support: Mental health services for mood, anxiety, and cognitive behavioural therapies.

Understanding the types of ongoing care and rehabilitation your client may need can guide the creation of a life care plan, which is used to estimate future costs and identify necessary services.

Recommended Reading for Personal Injury Attorneys:

  1. mTBI and Concussion by Dr. Bill Rosen (Journal of Nurse Life Care Planners, Spring 2024 Issue)

This article is an invaluable resource for personal injury attorneys seeking a deeper understanding of mild traumatic brain injuries (mTBI) and concussions. Dr. Rosen outlines the symptoms, care needs, and life-long considerations for individuals with acquired brain injuries.

Key Takeaways from the Article:

  • Ongoing Care Requirements: Including physical therapy, medications, lab work, diagnostic imaging, and pain management.
  • Durable Medical Equipment: Specifics on mobility aids, adaptive transportation, and the need for home modifications.
  • Home Health Care: When and how to evaluate the need for personal assistants, rehabilitation aides, or other caregiving services.
  • Pressure Injury Supplies: Addressing the potential need for disposable supplies related to incontinence or pressure ulcers (bedsores).

For more details, the article can be accessed here.

2. Pediatric Neuropsychological Assessments: How They Inform Life Care Planning by Dr. Nicolas Thaler (Journal of Nurse Life Care Planning, Summer 2023 Issue)

For attorneys handling cases involving pediatric brain injuries, this article by Dr. Thaler is essential reading. It explains how neuropsychological assessments are critical for children with brain injuries and how these evaluations can help shape the child’s life care plan.

Key Takeaways:

  • Educational Therapy Needs: Tailored to the child’s cognitive development and learning challenges.
  • Therapeutic Interventions: Occupational, speech, and physical therapy to address developmental delays or impairments.
  • Cognitive Rehabilitation: Long-term support for learning and memory deficits.
  • Follow-Up Care: Ongoing neuropsychological evaluations to monitor and adjust the care plan.
  • Severe Cases: In some cases, long-term residential or institutional care may be necessary.

For more details, the article can be accessed here.

How a Life Care Plan Can Benefit Your Client:

A Life Care Plan for a TBI plaintiff is a comprehensive blueprint for all medical, therapeutic, and support needs throughout the individual’s life. A well-crafted LCP is vital for:

  • Maximizing Settlement: The plan provides a clear estimate of future care costs, helping to calculate appropriate compensation for the plaintiff.
  • Documenting the Plaintiff’s Needs: It provides an evidence-based assessment of how the injury will impact the individual in the long-term, from both a medical and quality of life perspective.
  • Ensuring Access to Necessary Services: An LCP ensures that the plaintiff’s future needs, including specialized medical care, therapy, and home modifications, are clearly identified and accounted for.

Contact Dawn Cook for Life Care Plans and Consultation

If your client requires a life care plan or analysis due to a brain injury, or if you have questions about other serious injuries or illnesses, I can help. Contact me for personalized services in life care planning:

Dawn Cook
Phone: 702-544-2159
Email: Dawn@CookLifeCarePlan.com