Brain injuries are considered to be a silent epidemic. The National Institutes of Health (NIH) notes that two million people nationwide suffer traumatic brain injuries (TBIs) each year. The severity of a TBI can vary widely—from relatively modest to serious to catastrophic. Many victims who suffer a serious TBI will need long-term care. You have the right to pursue compensation for your long-term care needs—and other economic and non-economic damages—through a personal injury claim. Our Seattle traumatic brain injury lawyer provides an overview of the challenges for proving long-term care needs in a personal injury claim in Washington.
TBIs Often Require Rehabilitative or Long-Term Care
A TBI is a serious injury. The physical and mental recovery from a brain injury can take months or even years. With severe TBIs, the victim may be left with long-term or permanent adverse effects. Proper rehabilitative and long-term care can help to facilitate the best possible physical and mental recovery. Long-term care support/services for a brain injury may include:
- Physical Therapy (PT): Physical therapy improves mobility, balance, and coordination. Physical therapists work to restore the physical capabilities that were affected by the brain injury. PT should always be customized to meet the unique needs of the patient.
- Occupational Therapy (OT): Occupational therapy assists victims in relearning daily activities such as dressing, eating, and managing tasks. The focus of OT is generally on enhancing the patient’s functional abilities and promoting independence.
- Speech/Language Therapy: A serious TBI can adversely impact speech. Language-based therapies are essential for those who have difficulties with communication, understanding, or expressing language.
- Cognitive Rehabilitation: Cognitive rehabilitation is a specialized form of medical care that is designed to focus on helping a patient improve memory, concentration, and executive functions. These functions are often adversely affected by severe TBIs.
- Psychological Counseling: A TBI can take a serious emotional toll. Psychological counseling provides support for emotional and psychological challenges. It helps ping victims cope with changes to their life and mental state.
- Vocational Training: Traumatic brain injuries often disrupt employment. Vocational training helps people regain skills necessary for returning to work or, alternatively, for finding new (suitable) employment.
You Have the Right to Hold an At Fault Party Liable for Your Damages
In Washington State, brain injury claims are generally fault-based personal injury cases. The law allows injured victims to seek compensation from those whose negligent actions caused their injuries. Whether it is a car accident, a semi-truck crash, a slip and fall, or any other type of incident, establishing that the other party’s negligence contributed to your accident is a must. All serious accidents require a comprehensive investigation by an experienced Seattle brain injury lawyer.
Proving Long-Term Care Needs Can Be Challenging
Most personal injury claims are defended by insurance companies. Unfortunately, insurance companies focus on resolving liability for as little as possible. In other words, they want to pay out less in brain injury claims. In many cases, they try to undervalue the need for and cost of long-term care. For example, they may argue that the treatments are not necessary. Alternatively, they may try to attribute the victim’s symptoms to a pre-existing condition. Do not rely on any defendant or insurance company to look out for your best interests. An experienced Seattle TBI attorney can help protect your rights and interests.
The Bottom Line: In traumatic brain injury cases, victims and families often face serious challenges when trying to get coverage for their long-term care needs.
A Proactive Approach is a Must: How to Maximize Your Compensation for Long-Term Care
A proactive approach is key to maximizing your financial compensation for a brain injury claim. Remember, under Washington State law, you have the right to seek compensation for the full value of your damages from the at-fault party, including all reasonable and necessary long-term care costs. Here are key strategies to overcome the challenge of getting a full and fair settlement:
- Gather Comprehensive Medical Evidence: Medical evidence is key to establishing the need for long-term care. You need comprehensive evidence. A lawyer can help. Relevant evidence may include detailed medical records, expert evaluations, and testimonies that substantiate the severity of the TBI and the associated long-term care requirements.
- Know How to Quantify Future Care Costs: Putting a specific dollar figure on future medical care costs is challenging. Your lawyer can help. A Seattle TBI attorney can collaborate with medical economists or life care planners to forecast the lifetime costs of the injury. Your lawyer will ensure that every potential expense is accounted for in the claim.
- Be Ready to Negotiate: You need a Seattle, WA, traumatic brain injury lawyer who can represent you in settlement negotiations with defendants/insurers. A proactive negotiation strategy can make the difference. Notably, if a fair settlement cannot be reached, a skilled lawyer is prepared to take the case to trial to argue for the compensation deserved based on the evidence and expert testimony.
How Our Seattle Brain Injury Lawyers Can Help You Secure the Maximum Compensation
Dealing with the aftermath of a serious brain injury can be incredibly challenging. It is imperative that victims and their families are able to access all available resources—including those needed to address physical, mental, and emotional long-term care needs. At Seattle Car Accident Law Firm, we put the rights of victims and families first. Our team understands the importance of securing the maximum compensation for victims who have suffered serious TBIs. Our Seattle brain injury lawyers provide free, confidential, and no-obligation initial consultations to injured victims.
Schedule a Free Case Review With Our Top Seattle TBI Attorney Today
At Seattle Car Accident Law Firm, our Seattle personal injury lawyers have the skills and experience needed to take on all types of traumatic brain injury cases. If you have questions about proving long-term care needs so that you can secure the maximum compensation, we are here to help. Call us at (564) 444-7708 or contact us online for a free, no-obligation case evaluation. With a law office in King County, we handle brain injury claims in King County and throughout the region.
