Traumatic brain injuries (TBIs) are devastating both for the victim and their family. Even a mild or moderate concussion can have long-term, costly effects that are difficult to gauge at first. For a more severe brain injury, the medical expenses and requirements can be overwhelming.
There are many exorbitant expenses to consider after the initial TBI medical treatments, such as follow-up surgeries and how to pay for caregivers for your loved one. Many family members end up being caregivers part-time or full-time for their loved ones with a brain injury. This ongoing care can become a substantial financial burden far beyond the medical expenses related to the injury.
This is where hiring an experienced brain injury attorney can pay dividends if another party injures your family member. Your attorney may obtain compensation for your loved one's medical expenses and other costs, such as paying caregivers or compensating you as your loved one's care provider. Talk to a brain injury lawyer in your area today to learn if you have a viable claim.
Schedule Your Free Consultation
Table of Contents
What Is A Traumatic Brain Injury?
The CDC states that a TBI is an injury that damages how the brain functions. TBIs are almost always serious and may threaten life because many victims become disabled or pass away from these injuries every year. Approximately 200 people died from traumatic brain injuries in 2021, and more than 200,000 were hospitalized. Some of the common symptoms of a severe brain injury are:
- Feeling tired all the time
- Persistent headaches
- Vomiting and nausea
- Hearing and vision problems
- Strange taste in the mouth
- Sensitive to sounds and lights
- Concentration problems
- Memory problems
- Difficulty walking and moving normally
- Dizziness and vertigo
Traumatic brain injuries occur in many accidents, but the most common are auto accidents, falls, sports, and medical malpractice cases.
Traumatic Brain Injury Expenses
Millions suffer traumatic brain injuries in the US annually, and hundreds of thousands are hospitalized. The initial care costs for TBI victims may range from a few thousand dollars to $400,000, and the average in-patient costs after the accident are approximately $87,000.
For a patient with a severe TBI, the costs can be even higher. One estimate in Canada found that lifetime costs for a severe TBI victim can be from $600,000 to $1.8 million. The value of lost work can be many millions more.
Most accident victims and their families cannot afford such astronomical expenses. A brain injury lawyer is skilled at holding liable parties to account for their negligence. Your attorney can obtain vital compensation for your loved one's expenses and losses. In some cases, part of the ongoing expenses will be to pay for caregivers for the accident victim.
What Causes Traumatic Brain Injuries?
Brain injuries are among the most severe of all accident injuries. Your loved one may have suffered a TBI in one of the following types of mishaps:
- Auto accidents: Two vehicles slamming into each other usually cause a severe collision and injuries. Vehicle occupants may slam their heads into the windshield, window, or other obstacle. Using a seatbelt can reduce the chances of serious injury, but a severe head injury may still occur.
- Bicycle accidents: A vehicle does not protect cyclists, so a head injury can be devastating or fatal. Your loved one may have a permanent brain injury, and you'll be required to be a caregiver for months or years.
- Slip-and-fall accidents: Broken, wet, or uneven pavement, wet floors, and tripping hazards can cause severe slip-and-fall accidents. You can receive compensation for your loved one's losses in a premises liability lawsuit. You can also get money to care for your family member so you can live a more normal life.
- Assault: Some brain injuries happen because of intentional actions, such as assault. The person who injured your loved one can be responsible for any financial losses that stem from the brain injury.
- Truck crashes: Trucks are large commercial vehicles, and their impact on a car can be devastating. Severe brain injuries are common in commercial truck crashes, and long-term care expenses for the injured are extraordinary.
Caregivers For A TBI Victim
When a close family member has a TBI, it's common for a family member to become the major caregiver. This means you are responsible for ensuring they recover, heal, and have the care they need for daily life. You may, for example, need to help your family member get dressed, eat, shower, use the bathroom, and more.
Many issues come with being a caregiver for a loved one with a traumatic brain injury:
- Neglecting your personal needs: When you become a caregiver for a TBI victim, you may put your personal needs last. This happens because your main focus is on your relative and their recovery. You can forget to change clothes, bathe, exercise, eat, and participate in hobbies you enjoy.
- Financial problems: People who care for a TBI victim may not have time to earn a living. Also, medical bills may spiral out of control and make you burn through savings.
- Burnout and depression: Caring for a TBI patient in your home can be all-encompassing work. Many family members become burned out and depressed after caring for their family member for months. Many do so out of a feeling of obligation, while others may do the work because they think they cannot afford to pay for caregivers to help.
Many caregivers don't realize that there may be financial and legal options if another person causes the accident that hurts your loved one. Both you and your loved one may be entitled to compensation for your economic and non-economic losses.
Some of the losses related to the injury may affect you directly as a caregiver. Or, you may need to hire caregivers to assist your loved one. You should not have to bear all of the emotional and financial costs of caregiving for your relative alone. A personal injury attorney may pursue fair compensation for your loved one's care needs.
Schedule Your Free Consultation
Potential Compensation For A Traumatic Brain Injury
Many people don't realize all of the expenses and issues that accompany a traumatic brain injury. Yes, there are initial care expenses in the hospital in the days and weeks following the brain injury, but the expenses can linger far longer. The CDC reports that the lifetime direct and indirect costs of a traumatic brain injury can be millions of dollars. Few people have that kind of money available.
Fortunately, partnering with a traumatic brain injury attorney can help you pay for medical and caregiver expenses. Some of the compensation you can be entitled to include:
- Healthcare costs: A TBI patient may need intensive medical care for many years. This may mean ongoing hospitalization, surgery, and care at home. You or a loved one may be partially responsible for caring for your loved one with a brain injury. A personal injury attorney can seek additional compensation for the care you or other caregivers provide.
- Lost earnings: Lost income doesn't just mean the time your loved one misses from work. It can mean lost earnings for caregivers, too. A settlement or jury award may compensate you and your loved one's lost income, bonuses, tips, commissions, etc.
- Loss of future earning ability: Many TBIs affect the victim's cognitive abilities, preventing them from earning a living in their previous occupation. You also may need to reduce the hours that you work in your job to care for your loved one. As a caregiver, your attorney may add your lost future earning ability to the settlement demand.
- Costs of hiring in-home care workers: Understandably, you may provide some care to your loved one, but you shouldn't surrender your life and dreams after they suffer a brain injury. A brain injury attorney can demand compensation for you to hire in-home care workers for your family member.
- Out-of-pocket expenses: You may need to modify your home to provide a better environment for your injured loved one, which can cost tens of thousands. You can receive money for the modification, assistive devices, and other out-of-pocket expenses.
- Non-economic losses: You also may be eligible to receive compensation for your family member's pain and suffering from the brain injury. Other non-economic damages may include disability, scarring, and disfigurement.
As a caregiver and loved one, ensure that you speak to a brain injury lawyer as soon as you can after the accident if someone else is to blame. The expenses will pile up quickly, and the sooner your attorney works on your case, the better for you and your family member. You'll need money quickly to pay the injury victim's medical providers, and regular bills will soon stack up, too.
It can take months at minimum to receive a brain injury settlement. A year or more may pass before receiving compensation if a brain injury lawsuit is filed. How will you cover your and your family member's expenses if you are a primary caregiver? You'll probably need compensation as soon as possible, so retain an attorney quickly.
What Is A Traumatic Brain Injury Claim Worth?
When a severe brain injury occurs to a loved one, it's not only the physical carnage that hits everyone. The financial aftershock of the injury also can take a huge toll. If you are dealing with your loved one's medical bills and regular expenses right now, you may wonder what a potential brain injury lawsuit can be worth.
A brain injury is always complex and unique, and the appropriate compensation in one case may not fit another. However, several factors may influence the value of your loved one's brain injury case:
- Medical expenses: Any serious brain injury will involve extraordinary medical expenses, including ER visits, initial hospital treatments, rehabilitation, long-term hospital stays, medications, imaging tests, surgeries, and at-home care. In the first weeks and months, a serious brain injury can cost hundreds of thousands in care costs, while a less serious injury, such as a concussion, can be much less.
- Amount of lost income: Someone with a serious brain injury can have a loss of income for months, years, and permanently. Also, you, as a caregiver, can face tens of thousands in lost income annually for a serious brain injury affecting your loved one. On the other hand, a minor brain injury that heals after one or two months may result in less income lost for both you and your loved one.
- Amount of insurance available: Who is liable for the accident that injured your family member? The compensation available is often affected by the amount of insurance available. A car driver may only have $30,000 or less in their policy for bodily injury. Or, if an employer is liable for the brain injury and accident, more compensation can be available.
- Your brain injury attorney: The skill and experience of your brain injury attorney will also affect the compensation you receive. An experienced litigator with an excellent trial reputation may have success in obtaining a large brain injury settlement. The liable insurance company may be more likely to offer a better settlement because of the risk of losing more in a trial.
Most brain injury cases are settled out of court, but this doesn't mean you should accept the first insurance company's offer. It's especially important in a serious brain injury claim to maximize your compensation for your loved one's losses and yours, too. Your personal injury attorney will have a handle on the value of your claim and will take the best legal path to increase your compensation.
Contact A Brain Injury Attorney Today
It's devastating when a loved one suffers a brain injury in an accident, especially when another person is at fault. Brain injuries usually require expensive medical care and years of treatment, and you may be unsure how to pay for it all. A brain injury attorney in your area can hold the liable party accountable to ensure you have the money to pay for caregivers. Speak to a personal injury attorney today for more information during a free consultation.