There are ways in which a traumatic brain injury (TBI) can alter a person’s life that do not always show on the surface. You can put a broken bone on an X-ray and see it, but with a brain injury, the damage is far more elusive to quantify. The symptoms can linger for years, taking a toll on one’s health, job, relationships, and the way they go about their day.
For this reason, TBI claims tend to be some of the most involved personal injury cases out there. Figuring out what a claim is really worth is not as simple as totaling up the medical bills you have to date.
Why Traumatic Brain Injury Claims Are So Complicated
By their nature, no two brain injuries are alike. Take two people who have been in an accident of the very same sort, and you will find their paths to recovery are nothing alike, nor are the symptoms they have to deal with. One could be up and about after a few months, while for another it is a long haul, with headaches, fatigue, or some form of cognitive and memory trouble dogging them for years. When the long-term picture is so hard to pin down, predicting what will be needed down the road becomes a problem in itself.
The Cost of Future Care
Then there is the matter of future medical expenses, which is a major hurdle in any TBI case. A good number of victims will need to keep up with treatments for months or years after the incident. We are talking about prescription drugs, mental health counseling, neurology visits, and various forms of therapy from physical and occupational to cognitive rehabilitation. All of these add up and form a large part of the claim.
How Cognitive Issues Play Out
A brain injury can change the way you think, communicate, and remember. It is not uncommon to see:
- Memory lapses
- Trouble with concentration or problem solving
- Mood swings
Slower Thought Processes
A person’s independence can be chipped away by such things, and the day-to-day business of life becomes a bit more of an ordeal. But you have the problem of an impairment that is not on show; it is hard to put into evidence or even to explain.
Planning for What Comes Next
In more severe instances, doctors will put together a life-care plan. This document lays out the support and services – be it home assistance, specialized gear or ongoing therapy – that a patient will require. It is a useful tool for gauging the lifetime financial impact of the injury and comes into play when damages are being calculated.
Loss of Earning Power
For some, it means they can never return to their old position; for others, the only option is to put in fewer hours or take on a role that does not tax them as much. And even if you do stay on the job, cognitive obstacles can get in the way of your productivity and future prospects. So it is no surprise that claims often include compensation to make up for what you can no longer earn.
Navigating the Legal Side
You will find that insurance companies are quick to question the severity of a victim’s condition or claim it has nothing to do with the accident. These are fact-intensive cases requiring expert testimony and a deep dive into medical records. That is why many opt for a California Brain Injury Lawyer who knows the ins and outs of both the law and the medicine. Having that kind of representation on your side makes sure that everything from lost income to long-term care is given its due.
In the end, TBI claims are among the most difficult to handle precisely because the aftermath of the accident can be so protracted. To get the compensation you are owed, you have to understand that the true effects of a brain injury can be felt for years.